TTAB Order

THIS OPINION IS A
PRECEDENT OF THE TTAB

Hearing: Mailed:
March 7, 2013 June 18, 2014

UNITED STATES PATENT AND TRADEMARK OFFICE
_____

Trademark Trial and Appeal Board
_____

Amanda Blackhorse, Marcus Briggs-Cloud, Philip Gover,
Jillian Pappan, and Courtney Tsotigh

v.

Pro-Football, Inc.

_____

Cancellation No. 92046185
_____

Jesse A. Witten, Jeffrey J. Lopez, John D. V. Ferman, Lee Roach and Stephen
Wallace of Drinker, Biddle & Reath LLP for Amanda Blackhorse, Marcus Briggs,
Philip Gover, Jillian Pappan, and Courtney Tsotigh.

Robert L. Raskopf, Claudia T. Bogdanos and Todd Anten of Quinn Emanuel
Urquhart & Sullivan, LLP for Pro-Football, Inc.
_____

Before Kuhlke, Cataldo and Bergsman, Administrative Trademark Judges.

Opinion by Kuhlke, Administrative Trademark Judge:

OVERVIEW
Petitioners, five Native Americans, have brought this cancellation proceeding
pursuant to Section 14 of the Trademark Act of 1946, 15 U.S.C. 1064(c). They
seek to cancel respondents registrations issued between 1967 and 1990 for

2

trademarks consisting in whole or in part of the term REDSKINS for professional
football-related services on the ground that the registrations were obtained contrary
to Section 2(a), 15 U.S.C. 1052(a), which prohibits registration of marks that may
disparage persons or bring them into contempt or disrepute. In its answer,
defendant, Pro-Football, Inc., asserted various affirmative defenses including
laches.
1

As explained below, we decide, based on the evidence properly before us, that
these registrations must be cancelled because they were disparaging to Native
Americans at the respective times they were registered, in violation of Section 2(a)
of the Trademark Act of 1946, 15 U.S.C. 1052(a). This decision concerns only the
statutory right to registration under Section 2(a). We lack statutory authority to
issue rulings concerning the right to use trademarks. See, e.g., In re Franklin Press,
Inc., 597 F.2d 270, 201 USPQ 662, 664 (CCPA 1979).
The Registrations at Issue
The following six registrations (hereinafter referred to collectively as the
REDSKINS marks) are the subject of this cancellation proceeding:
1. Registration No. 0836122 for the mark THE REDSKINS (stylized),
shown below, for entertainment services namely, football exhibitions rendered in
stadia and through the media of radio and television broadcasts, in Class 41;
2

1
The Board struck the other affirmative defenses, which primarily concern Constitutional
challenges and they are preserved for appeal.
2
Registered September 26, 1967; second renewal.

3

2. Registration No. 0978824 for the mark WASHINGTON REDSKINS, in
typed drawing form, for entertainment services namely, presentations of
professional football contests, in Class 41;
3

3. Registration No. 0986668 for the mark WASHINGTON REDSKINS
and design, shown below, for entertainment services namely, presentations of
professional football contests, in Class 41;
4

4. Registration No. 0987127 for the mark THE REDSKINS and design,
shown below, for entertainment services namely, presentations of professional
football contests,
5
in Class 41;

3
Registered February 12, 1974; third renewal.
4
Registered June 18, 1974; second renewal.
5
Registered June 25, 1974; second renewal.

4

5. Registration No. 1085092 for the mark REDSKINS, in typed drawing
form, for entertainment services namely, presentations of professional football
contests, in Class 41;
6
and
6. Registration No. 1606810 for the mark REDSKINETTES, in typed
drawing form, for entertainment services, namely, cheerleaders who perform dance
routines at professional football games and exhibitions and other personal
appearances, in Class 41.
7

Prior Litigation

This is the second time the Board has faced a petition to cancel these
registrations. On September 10, 1992, Suzan Harjo and six other Native Americans
filed a petition to cancel the above-noted registrations on the ground the marks
consist of or comprise matter which disparages Native American persons, and

6
Registered February 7, 1978; second renewal.
7
Registered July 17, 1990; renewed in 2000. Section 8 affidavits of continuing use and
applications for renewal under Section 9 must be filed at the end of each successive 10-year
period following the date of registration. 15 U.S.C. 1059. See also Trademark Manual of
Examining Procedure (TMEP) 1606.03 (The Director has no authority to waive the
deadline for filing a proper 9 renewal application.). We note the last Section 8 affidavit
and Section 9 application for renewal was filed in 2000 and accepted by the USPTO on
March 9, 2004. The filing deadline for the next renewal would have been July 17, 2010 but
USPTO records do not show any such filing. Thus, it appears regardless of the outcome of
this proceeding, this registration has expired. Nonetheless, when a registration which is
the subject of a cancellation proceeding is abandoned or left to expire during the proceeding,
such action is treated as an abandonment of the registration without the consent of the
petitioner. 37 C.F.R. 2.134(b). See also Trademark Trial and Appeal Board Manual of
Procedure (TBMP) 602.02(b) (3d ed. rev. June 2013). Typically, the Board would issue a
show cause order to the respondent to indicate whether the expiration of the registration
was purposeful or inadvertent. If such action was purposeful, judgment is entered against
the respondent as to that registration. If the expiration was inadvertent, the petitioner
would be allowed time to pursue its claim to final judgment. Neither party alerted the
Board to this issue. Because the proceeding was tried and briefed on all the registrations
including this one, we proceed to final judgment on this registration.

5

brings them into contempt, ridicule, and disrepute; and the marks consist of or
comprise scandalous matter under Section 2(a) of the Trademark Act. Respondent
denied the salient allegations in the petition for cancellation and asserted eleven
affirmative defenses, including laches. The Board struck all of respondents
affirmative defenses. Harjo v. Pro Football, Inc., 30 USPQ2d 1828, 1833 (TTAB
1994); and 50 USPQ2d 1705, 1710 (TTAB 1999). After seven years of litigation,
involving multiple discovery and pretrial motions, the Board issued its decision on
the merits, held that respondents REDSKINS marks were disparaging to Native
Americans when registered and ordered the registrations canceled. Harjo v. Pro-
Football, Inc., 50 USPQ2d at 1743.
Respondent appealed the decision to the United States District Court for the
District of Columbia. On motion for summary judgment, the District Court
reversed the Board for two reasons:
The TTABs finding of disparagement is not supported by
substantial evidence and must be reversed. The decision
should also be reversed because the doctrine of laches
precludes consideration of the case.
Pro-Football, Inc. v. Harjo, 284 F. Supp. 2d 96, 68 USPQ2d 1225, 1263 (D.D.C.
2003).
The petitioners appealed the rulings that the claim of disparagement was not
supported by substantial evidence and that the defense of laches may be asserted
against a disparagement claim. The United States Court of Appeals for the District
of Columbia Circuit held that the District Court applied the wrong standard in
evaluating laches as to at least one of the petitioners because laches runs only from

6

the time a party has reached his majority and, while retaining jurisdiction over the
case, remanded the record to the District Court to evaluate whether laches barred
petitioner Mateo Romeros claim. Pro-Football, Inc. v. Harjo, 415 F.3d 44, 75
USPQ2d 1525, 1528 (D.C. Cir. 2005). The D.C. Circuit did not address the issue of
whether substantial evidence supported the Boards finding of disparagement. On
remand, the District Court found that laches did bar the claim:
[D]efendant Romero unreasonably delayed his bringing of
a cancellation proceeding and his eight-year delay
demonstrates a lack of diligence on his part. The court
further finds that Defendant Romeros delay has resulted
in both trial prejudice and economic prejudice to
Pro-Football, such that it would be inequitable to allow
Defendant Romero to proceed with his cancellation
petition.
Pro-Football, Inc. v. Harjo, 567 F. Supp.2d 46, 87 USPQ2d 1891, 1903 (D.D.C.
2008).
Petitioners appealed. The D.C. Circuit affirmed the decision of the lower
court on the issue of laches and stated that the petitioners argue only that the
District Court improperly assessed evidence of prejudice in applying laches to the
facts at issue and limited its decision to that question. Pro-Football, Inc. v.
Harjo, 565 F.3d 880, 90 USPQ2d 1593 (D.C. Cir. 2009). Thus, the D.C. Circuit
resolved the case solely on the issue of laches, never addressing the Boards finding
of disparagement on the merits.

7

The Current Litigation
While Harjo was pending, six new individual petitioners filed a petition to
cancel the same registrations for the REDSKINS marks.
8
Proceedings were
suspended pending the disposition of the Harjo civil action and resumed in March
2010.
9

In March 2011, the parties stipulated, with certain exceptions, that the entire
Harjo record may be submitted into evidence through a Notice of Reliance.
10
The
stipulation provides in pertinent part that:
1. Except as provided below, all evidence submitted with a Notice
of Reliance, as well as all deposition transcripts and exhibits
thereto submitted by any party, in Harjo shall be admissible
in this proceeding unless the Trademark Trial and Appeal Board
ruled in Harjo that the evidence was not admissible, in which
case all arguments as to admissibility are preserved.

2. The Parties do not stipulate that any particular piece of
evidence described in paragraph 1 is relevant to any issue in
this proceeding, and therefore may object to evidence described
in paragraph 1 on grounds that it is not relevant.
11

8
During this proceeding, petitioner Shquanebin Lone-Bentley withdrew her petition for
cancellation. TTABVue 24. The citations to TTABVue throughout the decision are to the
Boards public online database that contains the proceeding file, available on the USPTO
website, www.USPTO.gov. The number represents the prosecution history number listed
in the electronic case file.
9
Boards notice of suspension (TTABVue 6); notice of proceedings resumed (TTABVue 23).
10
Joint Stipulation Regarding Admissibility of Certain Evidence & Regarding Certain
Discovery Issues, dated March 11, 2011, and filed March 14, 2011 (TTABVue No. 31). In
Board proceedings there is no live testimony. Testimony is taken by deposition and the
resulting transcripts are filed with the Board. Other appropriate evidence is submitted
under a Notice of Reliance. Information regarding Board procedure may be found in the
Trademark Rules 37 C.F.R. 2.101-2.136 and the TBMP both available on the USPTO
website www.uspto.gov.
11
Id.

8

As stipulated, the parties only reserved the right to make objections based on
relevance to evidence earlier admitted into the Harjo record and admitted into this
case under paragraph 1. All other possible objections, including those based on
hearsay, were waived. This was confirmed from both parties at the oral hearing.
In view of the intense pretrial litigation engaged in by the parties in Harjo
and because the record created in that case was voluminous, the Board ordered the
parties to appear at a pretrial conference.
12

In order to litigate this proceeding as efficiently as
possible, a pretrial conference will help the Board and the
parties focus the evidence and arguments at trial.
13

After briefing by the parties, the Board issued another order setting forth the
applicable law relating to the issues of disparagement and laches involved herein.
14

In regard to the former issue, the Board noted that the test for
disparagement comprises a two-step inquiry:
a. What is the meaning of the matter in question, as it
appears in the marks and as those marks are used
in connection with the goods and services identified
in the registrations?
b. Is the meaning of the marks one that may
disparage Native Americans?
Pro-Football, Inc. v. Harjo, 68 USPQ2d at 1248; Harjo v. Pro-Football, Inc., 50
USPQ2d at 1740-41. See also, In re Geller, __ F.3d ___, 110 USPQ2d 1867, 1869
(Fed. Cir. 2014). Both questions are to be answered as of the various dates of

12
Boards March 15, 2011 Order (TTABVue 32).
13
Id. at 2 (TTABVue 32, p. 2).
14
Boards May 31, 2011 Order (TTABVue 40).

9

registration of the involved marks. Pro-Football, Inc. v. Harjo, 68 USPQ2d at 1248;
Harjo v. Pro-Football, Inc., 50 USPQ2d at 1735, 1741. In deciding the second
question, whether the term redskins may disparage Native Americans, we look
not to the American public as a whole, but to the views of the referenced group (i.e.,
Native Americans). Pro-Football, Inc. v. Harjo, 68 USPQ2d at 1247; Harjo v. Pro-
Football, Inc., 50 USPQ2d at 1739.
15

The views of the referenced group are reasonably determined by the views of
a substantial composite thereof. Pro-Football, Inc. v. Harjo, 68 USPQ2d at 1247
(quoting Harjo v. Pro-Football, Inc., 50 USPQ2d at 1739). A substantial composite
of the referenced group is not necessarily a majority of the referenced group. In re
Heeb Media LLC, 89 USPQ2d 1071, 1074 (TTAB 2008); In re Squaw Valley Dev. Co.,
80 USPQ2d 1264, 1279 n.12; cf. Ritchie v. Simpson, 179 F.3d 1091, 50 USPQ2d
1023, 1024 (Fed. Cir. 1999) (Whether a mark comprises immoral and scandalous
matter is to be ascertained in the context of contemporary attitudes, and the
relevant viewpoint is not necessarily that of a majority of the general public, but of
a substantial composite.) (quoting In re Mavety Media Group Ltd., 33 F.3d 1367,
31 USPQ2d 1923, 1925-26 (Fed. Cir. 1994)). What comprises a substantial
composite of the referenced group is a fact to be determined at trial. In making
this determination, we are charged with taking into account the views of the entire

15
See id. at 8-11 (TTABVue 40, pp. 8-11). In our earlier order outlining the applicable law,
the statement that the perceptions of the general public are irrelevant refers to the
ultimate legal determination. It does not foreclose evidence of general perception. If, for
example, numerous dictionary definitions unanimously included a usage characterization
indicating a term is offensive, contemptuous, etc. that could be evidence of the general
perception of a term and could serve to support a finding that the referenced group finds
the term to be disparaging.

10

referenced group who may encounter [respondents services] in any ordinary course
of trade for the identified goods and services. Heeb Media, 89 USPQ2d at 1075.
16

Finally, any cancellation of a registration should be granted only with due caution
and after a most careful study of all the facts. Rockwood Chocolate Co. v. Hoffman
Candy Co., 372 F.2d 552, 152 USPQ 599, 601 (CCPA 1967) (internal citations
omitted).
THE RECORD
The record includes the pleadings, the files of respondents registrations by
operation of Trademark Rule 2.122(b), 37 C.F.R. 2.122(b), deposition testimony of
each of the petitioners and the associated deposition exhibits, and nearly the entire
Harjo record (except for the deposition testimony of the Harjo petitioners), by
stipulation. The submissions from the Harjo record are listed in full in Appendix A
(for petitioners) and Appendix B (for respondents).
17

As noted above, the parties only preserved the right to make objections in
this case based on relevance to any evidence earlier admitted into the Harjo record.
Respondent asserted 26 pages of relevancy objections. We have considered those
objections in weighing the evidence and specifically address them where we have
relied on evidence for our findings of fact. We do not rely on the Ross Survey and

16
See id. at 8-9 (TTABVue 40, pp. 8-9).
17
The record includes copies of newspaper articles, publications, resolutions, letters, and
other printed materials originally submitted and considered in the Harjo proceeding which
are dated, published or otherwise were disseminated prior to 1993. In Harjo, all of these
materials were submitted under Notices of Reliance by both parties. Despite the fact that
some of these materials (e.g., letters) are not properly introduced under Notice of Reliance,
because no party to that proceeding objected to the means of submission, the Board
considered the material as admitted into the record. Harjo v. Pro-Football, Inc., 50
USPQ2d at 1723.

11

therefore we do not address respondents various arguments with regard to that
piece of evidence.
18

Petitioners objections to respondents evidence are overruled. As noted
above, on March 14, 2011, the parties filed a stipulation regarding the admissibility
of evidence in this case. In Harjo, the Board admitted the particular evidence to
which petitioners now object because neither party then objected to it coming in
under a Notice of Reliance. Harjo v. Pro-Football, Inc., 50 USPQ2d at 1721-23. The
Board specifically stated as to these documents and other documents upon which
respondent relies that it has considered all such material of both parties as part of
the record in this case. Harjo v. Pro-Football, Inc., 50 USPQ2d at 1723. While the
Board in Harjo discussed the hearsay nature of the evidence or lack of foundation, it
was admitted into the record; and the parties stipulation in this case waives all
objections, other than relevancy, as to this evidence. Thus, petitioners are estopped
from objecting to the evidence on any basis except relevance because the evidence
had been admitted in Harjo and, therefore, falls within paragraph No. 1 of the
stipulation noted above.
In their reply brief, petitioners assert that [i]n addition to the waiver of the
hearsay objections, the news articles would fit within hearsay exceptions, including
the ancient records exception, so their content may be considered for the truth of

18
We do note generally that the survey would have very limited probative value. As the
Board noted in Harjo, 50 USPQ2d at 1734, the Ross survey is a survey of current attitudes
towards the word redskin(s) as a reference to Native Americans. Therefore, the survey
does not directly measure the perceptions of Native Americans during the relevant time
frame.

12

the matters asserted.
19
While the ancient documents exception could provide
further support for reliance on various documents from both parties (newspaper
articles, letters, etc.), the contents of which would otherwise constitute hearsay, in
view of the waiver of hearsay objections it is not necessary to apply this exception.
20

Finally, regarding the parties waiver of hearsay objections, courts have
routinely accepted and enforced such waivers, and relied on the evidence for the
truth of the matter asserted. The presumption of waivability has found specific
application in the context of evidentiary rules. Absent some overriding procedural
consideration that prevents enforcement of the contract, courts have held that
agreements to waive evidentiary rules are generally enforceable even over a partys
subsequent objections. U.S. v. Mezzanatto, 513 U.S. 196, 202 (1995), citing 21 C.

19
Petrs Reply Br. 9-10 (citing Fed. R. Evid. 803(16)) (TTABVue No. 184).
20
Under Rule of Evidence 803(16), [s]tatements in a document in existence twenty years or
more the authenticity of which is established are not considered hearsay, and therefore,
are not excluded by the hearsay rule. Id. Further, [t]he ancient document exception
contained in Rule 803(16) . . . clearly applies to any document including letters, records,
contracts, maps, newspapers and certificates. 4 Michael H. Graham, Handbook of Federal
Evidence 803:16, at 405-06 (6th ed. 2006); see, e.g., Martha Graham Sch. & Dance Found.
Inc. v. Martha Graham Ctr. of Contemporary Dance Inc., 380 F.3d 624, 72 USPQ2d 1143,
1156 (2d Cir. 2004) (affirming lower court reliance on two letters for the truth of the
statements therein as admissible under Rule 803(16), the ancient-documents exception to
the hearsay rule, to determine copyright ownership of dances). See also Bell v. Combined
Registry Co., 397 F. Supp. 1241, 188 USPQ 707 (N.D. Ill. 1975), affd, 536 F.2d 164 (7th Cir.
1976) (allowing letters and newspaper articles from the 1930s and 1940s to determine a
copyright suit); Murray v. Sevier, 50 F.Supp.2d 1257, 1264 n.6 (M.D.Ala. 1999)
(interviewee's statements reported in a newspaper article admissible under Rule 803(16)),
vacated on other grounds, Murray v. Scott, 253 F.3d 1308 (11th Cir. 2001). The
requirement of authentication or identification as a condition precedent to admissibility is
satisfied by evidence sufficient to support a finding that the matter in question is what its
proponent claims. Fed. R. Evid. 901(a). Rule of Evidence 901(b)(8) states that an ancient
document may be authenticated by evidence that the document (A) is in such condition as
to create no suspicion concerning its authenticity, (B) was in a place where it, if authentic,
would likely be, and (C) has been in existence 20 years or more at the time it is offered.
Fed. R. Evid. 901(b)(8). Rule of Evidence 902 provides that newspapers and periodicals are
self-authenticating. Fed. R. Evid. 902(6).

13

Wright & K. Graham, FEDERAL PRACTICE AND PROCEDURE (FPP) 5039, pp. 207-08
(1977). Courts have liberally enforced agreements to waive various exclusionary
rules of evidence. Id. (quoting Note, Contracts to Alter the Rules of Evidence, 46
HARV. L. REV. 138, 139-140 (1933)). [A]lthough hearsay is inadmissible except
under certain specific exceptions, we have held that agreements to waive hearsay
objections are enforceable. Id. citing U.S. v. Bonnett, 877 F.2d 1450 (10th Cir.
1989) (hearsay objection waived by stipulation); see FPP 5039.4 Estoppel and
Waiver Withdrawal of Objections and 5039.5 Estoppel and Waiver
Stipulations and Contractual Waiver. See also U.S. v. Alazzam, slip op. No.
1:08cr101 (JCC) (E.D.Va. September 29, 2009), 2009 WL 3245392 (use of waiver
extended to a prosecutions case in chief).
21

STANDING
A plaintiff must show that it has a real interest in the outcome of a
proceeding in order to have standing. Ritchie v. Simpson, 50 USPQ2d at 1025. A
real interest in the proceeding is a legitimate personal interest in the opposition or
cancellation. Id., citing Lipton Indus., Inc. v. Ralston Purina Co., 670 F.2d 1024,
213 USPQ 185, 189 (CCPA 1982).

21
While the content of newspaper articles is hearsay and in some cases, for example, where
an individual is quoted, presents a double hearsay problem, the waiver is applicable to all
levels of hearsay objections. In view thereof, we have considered the statements in the
newspaper articles. See Hope for Families & Community Service, Inc. v. Warren, 721
F.Supp.2d 1079, 1178 n. 114 (M.D.Ala. 2010) (consideration of content of newspaper
article). Finally, respondent itself relies on the statements made in various documents,
including letters and newspapers. See Cooper Hospital/University Medical Center v.
Sullivan, 183 F.R.D. 119 (D.N.J. 1998) (consideration of the content of newspaper articles
proper; where party itself relied upon the content of newspaper articles it waives the
objection).

14

Amanda Blackhorse is a member of the Navajo Nation.
22
She testified that
she considers the term REDSKINS in respondents marks to be derogatory and is
offended by it.
23

Phillip Martin Gover is a member of the Paiute Indian Tribe of Utah.
24
He
testified that he perceives the terms REDSKIN and REDSKINS to be disparaging,
even in connection with respondents services.
25

Courtney Tsotigh is a member of the Kiowa Tribe of Oklahoma.
26
She
testified that she finds the term REDSKIN to be disparaging in any context
including for an NFL team.
27

Marcus Briggs-Cloud is a member of the Muscogee Nation of Florida.
28
He
testified that he finds the term REDSKINS in the registrations to be disparaging
and offensive.
29

Jillian Pappan testified that she is a Native American.
30
She testified, inter
alia, that the use of the term REDSKIN is analogous to the term nigger, and that
people should not profit by dehumanizing Native Americans.
31

22
Amanda Leeh Blackhorse Dep. 127:8-9, 196:13-197:3, June 22, 2011 (TTABVue 122, pp.
135, 204-05).
23
Blackhorse Dep. 58:15, 120:11-121:4 (TTABVue 122, pp. 66, 128-29).
24
Phillip Martin Gover Dep. 10:9-13, June 16, 2011 (TTABVue 120, p. 16).
25
Gover Dep. 91:6-92:10, 94:15, 187:1-13 (TTABVue 120, pp. 97-98, 100, 193).
26
Courtney Tsotigh Dep. 8:2-17, 146:12-21, Oct. 25, 2011 (TTABVue 115, pp. 14, 152).
27
Tsotigh Dep. 113:12-15, 115:5-117:24, 146:22-147:7 (TTABVue 115, pp. 119, 121-23, 152-
53).
28
Marcus Anthony Briggs-Cloud Dep. 135:11-20 (TTABVue 110, p. 141). See also 69:16-
70:22, 136:8-139:7, June 23, 2011 (TTABVue 110, pp. 75-76, 109-11, 115, 120, 142-43).
29
Briggs-Cloud Dep. 63:16-29, 75:1-13, 103:3-105:11 (TTABVue 110, pp. 69, 81, 109-10).

15

In view of the foregoing, we find that each of the petitioners has established a
real interest, a personal stake, in the outcome of this proceeding and, therefore, has
standing. Respondent does not dispute the petitioners standing.
DISPARAGEMENT CLAIM
While this is the second petition asserting a claim of disparagement against
the same six registrations and the parties stipulated to the same record, this
proceeding presents significant differences from the first. The Harjo case asserted
other claims not present here, e.g., that the Native American imagery as well as the
word REDSKINS was scandalous to the general public and that the Board should,
in making its decision, apply the Indian Trust Doctrine.
32

The determination of the disparagement claim at issue herein requires the
following two-step analysis:
a. What is the meaning of the matter in question, as it
appears in the marks and as those marks are used
in connection with the goods and services identified
in the registrations?

b. Is the meaning of the marks one that may
disparage Native Americans?
33

30
Jillian Pappan Dep., pp. 49:4-5, 174:16-19, Aug. 11, 2011 (TTABVue 112, pp. 53, 61, 178).
31
Pappan Dep., pp. 48:24-50:6, 57:15-24, 173:9-174:4 (TTABVue 112, pp. 52-54, 61, 178).
32
As a result, the litigation generated an expansive record encompassing broader issues.
Like the dissent we acknowledge the criticisms of the District Court; however, in our review
of the record we believe that the weight and relevance of certain evidence became
obfuscated by the several issues raised in the Harjo case. Moreover, the hearsay objection
has been waived in this proceeding, which has resulted in a qualitatively different
evidentiary record for us to consider.
33
Section 2(a) prohibits registration of a mark which may disparage persons or bring
them into contempt, or disrepute. As held in the prior order of May 31, 2011, for purposes
of this proceeding the guidelines for determining whether the mark is disparaging are

16

As confirmed by the parties at the oral hearing, it is already established that
(1) this disparagement claim only pertains to the term REDSKINS
34
and (2) as to
the meaning of the matter in question as used in connection with respondents
services, REDSKINS clearly both refers to respondents professional football team
and carries the allusion to Native Americans inherent in the original definition of
that word.
35
Harjo v. Pro-Football, Inc., 50 USPQ2d at 1742, revd on other
grounds, Pro-Football, Inc. v. Harjo, 68 USPQ2d at 1249.
Moreover, as to the second point, the evidence overwhelmingly supports a
determination that the term REDSKINS as it appears in the marks retains the
meaning Native American. Two of the registrations include Native American
imagery. Registration No. 0986668 (top) and Registration No. 0987127 (bottom) are
shown below.

equally applicable to determining whether such matter brings persons or institutions into
contempt or disrepute. TTABVue 40, p. 4. We, therefore, use the word disparage in this
case as an umbrella term for may disparage or bring them into contempt or disrepute.
34
As to the Native American imagery in two of the registrations, in the Harjo case the
Board found that petitioners have not established, under Section 2(a), that this matter
may disparage Native Americans. Harjo v. Pro-Football, Inc., 50 USPQ2d at 1743.
35
Respondents position that the term REDSKINS has a separate meaning as the name of a
football team does not affect the first prong of the test because even as the name of the
football team it retains the meaning Native American. See infra discussion of Squaw
Valley, 80 USPQ2d 1264.

17

The image of a Native American has appeared prominently as a logo on the
helmets of respondents Washington Redskins team uniforms, as demonstrated by
the images below of its former players John Riggins in Super Bowl XVII in 1983
(left) and Doug Williams in Super Bowl XXII in 1988 (right).
36 37

The Washington Redskins marching band had worn Native American
headdresses as part of its uniforms between the 1960s and the 1990s, as shown in
the image below from the 1980s.

36
SUPER BOWL XVII: HOG DAY AFTERNOON (NFL Films 1983), Petitioners Notice of
Reliance, Ex. 103 (TTABVue 95, p. 70).
37
AMBUSH AT SUPER BOWL XXII (NFL Films 1988), Petitioners Notice of Reliance, Ex. 104
(TTABVue 95, p. 72).

18

38

The Redskinettes also had appeared wearing costumes suggestive of Native
Americans, as shown in the 1962 photograph of them reproduced below, which
contained the title Dancing Indians and the caption Here are the Redskinettes all
decked out in their Indian garb and carrying Burgundy and Gold pom-poms.
39

Between 1967 and 1979, the annual Washington Redskin press guides,
shown below, displayed American Indian imagery on the cover page.

38
HAIL TO THE REDSKINS 1937-1988 (NFL Films 1988), Petitioners Notice of Reliance, Ex.
95 (TTABVue 95, p. 54).
39
Dancing Indians, Redskins (magazine), Oct. 7, 1962, at 15, Petitioners Notice of
Reliance, Ex. 29 (TTABVue 52, p. 17).
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41

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20

The term REDSKINS in the registered marks when used in connection with
professional football retains the meaning Native Americans. Thus, the first prong
of the test, what is the meaning of the matter is established.
The only issue left for decision is the second question in the disparagement
test (was the meaning of the marks, at the times of the registrations, one that may
have disparaged Native Americans?) as it pertains to the term REDSKINS.
42

Having narrowed the issue to be determined, it is now necessary to
understand what type of disparagement case the facts of this limited case present.
We must make our determination in the context of a respondents goods or services.
Such context can:
(1) turn an innocuous term into a disparaging one, see In re Lebanese Arak
Corp., 94 USPQ2d 1215, 1223 (TTAB 2010) (likely meaning of KHORAN is
the Islamic holy text and use for wine disparages religion and beliefs of
Muslim Americans); see also Doughboy Industries, Inc. v. The Reese Chemical
Co., 88 USPQ 227 (Exmr in Chief 1951) (Doughboy refers to World War I

42
In the Harjo case, on appeal, the District Court noted its concern about the breadth of the
issues presented noting: Under the broad sweep of the TTAB's logic, no professional sports
team that uses Native American imagery would be permitted to keep their trademarks if
the team's fans or the media took any action or made any remark that could be construed
as insulting to Native Americans. The Court cannot accept such an expansive doctrine;
particularly when premised on a finding that is not supported by any substantial evidence.
... This is undoubtedly a test case that seeks to use federal trademark litigation to obtain
social goals. Pro-Football, Inc. v. Harjo, 68 USPQ2d at 1254, 1262. In contrast, this case
presents a much narrower issue and pertains only to the word REDSKINS. With regard to
the District Courts observation about social goals, the underlying purpose of this portion
of the Trademark Act is, in effect, a social goal as legislated by Congress, to keep matter
that would disparage others off of the register. The statutory requirement to remove
disparaging matter from the register is not obfuscated in the present case by peripheral
issues.

21

American soldier as reinforced by picture of soldier on packaging and use on
a prophylactic preparation for the prevention of venereal diseases
disparages the soldiers); or
(2) strip the disparaging meaning from an otherwise disparaging term, see
Squaw Valley, 80 USPQ2d 1264, 1267 (SQUAW when used with ski-related
goods means only the geographic location Squaw Valley ski resort and does
not retain the meaning Native American woman under the first part of the
test, and, as such is not disparaging; but as to non-ski-related goods and
services the meaning remains Native American woman, i.e., the goods and
services did not change the meaning, and the evidence was sufficient to
support the second prong of the test that the term is considered disparaging
as the term is used in connection with the identified goods or services); or
(3) have no effect on a terms disparaging meaning, see Heeb Media, 89
USPQ2d 1071, 1077 (applicants good intent and inoffensive goods and
services do not obviate finding that HEEB is disparaging in context of the
goods and services; and disagreement within the referenced group does not
erase the perception of those who find it disparaging).
43

43
There is no case in our review where a term found to be a racial slur in general was found
not to be disparaging when used in the context of specific services. The District Court in
Harjo noted that [t]he ultimate legal inquiry is whether the six trademarks at issue may
disparage Native Americans when used in connection with Pro-Footballs services and
during the relevant time frame . . . [t]he ultimate legal inquiry is not whether the term
redskins is a pejorative term for Native Americans. Pro-Football, Inc. v. Harjo, 68
USPQ2d at 1252. This does not mean that if the record shows that the term is pejorative,
or a racial slur, that such a showing could not add to the evidence supporting a finding that
a substantial composite of the referenced group find it disparaging, even when used solely
with the recited services. Moreover, if a term is found to be a racial slur, then it may be

22

possible to find the term disparaging in the context of the specific services without evidence
as to the specific services. In Squaw Valley, in making a determination regarding the
second prong of the disparagement test, the Board relied on evidence that showed the
opinions of Native Americans regarding the term are not limited to particular contexts.
Squaw Valley, 80 USPQ2d at 1276.
Thus, if it is shown that a term is generally disparaging, e.g., a racial slur, in any context,
that includes the specific context of the subject goods or services, and to that extent the
comment by the District Court as to the ultimate legal determination does not limit the
avenues by which a deciding court or tribunal arrives there. See Heeb, 89 USPQ2d at 1077
([A] term is considered to be disparaging by a substantial composite of the referenced
group, regardless of context, including in connection with applicants identified goods and
services.)
As noted by the Board in Squaw Valley, in the context of an ex parte proceeding we are by
necessity limited to inferential evidence. In the context of an inter partes proceeding, the
parties are not so limited and may present direct evidence, but that does not render indirect
evidence non probative. In particular, with a claim of disparagement of a referenced group
brought by individuals, the individual plaintiffs may testify as to their perceptions
regarding a term and the context of the specific services, but to prove it is disparaging to a
substantial composite of the group, more general evidence can be probative. The
hypothetical evidentiary dilemma posed by the Board in Squaw Valley, the difficulty of
finding statements about use in connection with paperclips, is also applicable to the inter
partes context. Squaw Valley, 80 USPQ2d at 1277 n. 9. Thus, just as in an ex parte context
where a term may be found to be generally disparaging in any context and prohibited from
registration for a specific context, even absent evidence of the referenced group making a
statement as to that specific context, such an evidentiary record may also be sufficient in an
inter partes case.
Respondents expert, Dr. Ronald Butters (discussed infra), sheds some light on this issue.
On the one hand he testifies that disparagement is tied to intent when considering the term
redskins, which includes the context of use, but that the word nigger is inherently
disparaging regardless of context and presumably intent. Butters Dep. pp. 279:19-25
280:2-22 (TTABVue 163, p. 92) (Q. Sir, lets talk for a moment about your views as to the
meaning of the word disparaging. Is it your testimony that disparaging means excuse
me, includes an intent to belittle or to demean? A. That is correct. Q. So theres some
intentionality involved in the word disparaging: A. Yes. Q. And that refers to the intention
of the speaker? A. Yes. Q. You also testify, sir, that the word nigger is a disparaging word;
is that correct? A. Yes. Q. The word nigger itself has no intentions, correct? A. Correct. Q.
The word itself has no ability to form any intentions; is that correct? A. Of course. Q. Yet
you say that the word itself is disparaging; is that correct? A. The word nigger is a
disparaging word in the English language, yes.). Thus, if the evidence regarding the
inherent nature of the term is strong (or as Mr. Barnhart, respondents other expert
discussed infra, explains that while no word is intrinsically offensive, overwhelming
offensive usage would merit a usage label, Barnhart Dep. p. 44, (TTABVue 159, p. 47)), that
would be probative of disparagement in any context to the perception of the referenced
group within the context of the specific services without direct evidence.

23

Here, petitioners assert that REDSKINS is a racial slur, thus the facts do not
present the Doughboy case because it is not allegedly an innocent term where the
nature of the goods or services renders the mark disparaging. The facts also do not
fall within the part of the Squaw Valley case where the Board reversed the refusal
as to the ski-related gear because it did not pass the first prong of the test inasmuch
as the word lost its allusion to Native American women when used in the ski
context due to the geographic location called Squaw Valley and the well-known ski
resort located there. Here, it is conceded by the parties and established by the
record that the term REDSKINS retains its meaning Native American even when
used with respondents services.
Turning back, then, to the issue in this case, namely, whether the term
REDSKINS was disparaging at the time of registration, the services do not have an
effect on the meaning of the term, i.e., the first prong. The question is only as to the
second prong, whether the term is disparaging. The facts of this case demonstrate
the type of disparagement presented in Heeb and the non-ski-related goods and
services portion of Squaw Valley. In other words, respondents alleged honorable
intent and manner of use of the term do not contribute to the determination of
whether a substantial composite of the referenced group found REDSKINS to be a
disparaging term in the context of respondents services during the time period
1967-1990, because the services have not removed the Native American meaning
from the term and intent does not affect the second prong. If it is found to be

24

disparaging during the relevant time period, then the Trademark Act mandates
removal from the register.
44

In presenting their case, petitioners laid out two categories of evidence to
prove that the term REDSKINS, even when considered solely as used with football
and cheerleading services, was disparaging during the relevant time periods: (1) a
general analysis of the word; and (2) the specific views of the referenced group. In
some instances these two types of evidence intersect.
As noted above, the prior Harjo case encompassed more issues as reflected by
the pleadings and illustrated by the voluminous and wide-ranging record. We only
focus on the evidence that most directly reflects the sentiments of Native
Americans. In particular, concerning the general analysis of the word, we focus on
the testimony and reports provided by the parties respective experts, dictionary
definitions and reference books. For the specific views of Native Americans, we
focus on the National Congress of American Indians (NCAI) 1993 Resolution 93-
11, the deposition of NCAI Executive Director, Ms. JoAnn Chase, the deposition of
Harold Martin Gross, and various newspaper articles, reports, official records and
letters.
Expert Reports
Dr. Geoffrey Nunberg served as petitioners expert witness in linguistics,
specializing in lexical semantics (the study of the use of words and lexicography).
45

44
As noted above, the Boards jurisdiction is limited to the question of registrability. The
Board does not have the power to enjoin use.

25

Dr. Ronald R. Butters served as respondents linguistic expert witness,
46
specifically
tasked by respondent to research the evolving history of the meaning of the term
redskin in American English.
47
David K. Barnhart was respondents expert
witness in lexicography, whom respondent asked to evaluate the term redskins in
the current American usage, particularly in the context of sports.
48
The record
establishes that each of these witnesses is qualified to testify regarding the term
redskin within the context of their specialties.
49

45
Geoffrey Nunberg earned a Ph.D. in linguistics from City University of New York, served
as a Consulting Professor of Linguistics at Stanford University and a principal scientist at
Xerox Palo Alto Research Center, and served as an editor and chair of the usage panel for
the American Heritage Dictionary. Geoffrey D. Nunberg Dep. 229:15-25, 230:8-12, Feb. 18,
1997 (Nunberg 2/18/97 Dep.) (TTABVue 81, pp. 122-23); Nunberg Dep. Ex. 32 (TTABVue
108, pp. 95, 99). Dr. Butters, respondents expert witness, opined that Dr. Nunberg has a
good reputation and is an expert in the field of linguistics. Butters Dep. 73:-74:, Dec. 20,
1996 (TTABVue 163, p. 23).
46
Ronald R. Butters earned a Ph.D. in English with a concentration in linguistics, served as
Professor of English at Duke University and co-chaired its linguistics program, and served
as chief editor of American Dialect Society publications. Ronald R. Butters Dep. 8:22-25,
9:22-23, 10:13-25, Dec. 20, 1996 (Butters 1996 Dep.) (TTABVue 163, pp. 6, 7); Butters
Dep. Ex. 1 (TTABVue 164, p. 4).
47
Butters 1996 Dep. 23:10-14 (TTABVue 163, p. 10).
48
David K. Barnhart Dep. 5:11-12, 24:5-9 (TTABVue 159, pp. 8, 27); Barnhart Dep. Ex. 2
(TTABVue 162, p. 14). Mr. Barnhart was a general editor at Clarence L. Barnhart, Inc., a
small dictionary house between 1966 and 1980, and at the time of his deposition, was the
founder and owner of Lexik House Publishing, a publisher of the Barnhart Dictionary
Companion, a quarterly journal that updates dictionaries. Barnhart Dep. 13:1-14:14,
20:25-21:20) (TTABVue 159, pp. 16, 23-24); Barnhart Dep. Ex. 2 (TTABVue 162, p. 14). Mr.
Barnhart did not survey or evaluate Native Americans reaction to the use of the term
redskins. His research involved more general English usage than targeting a particular
ethnic group. Barnhart Dep. 62:10-25 (TTABVue 159, p. 65).
49
None of the experts specifically researched Native American viewpoint of the word
redskin(s) in connection with football-related services during any time period.

26

We focus on those parts of the expert reports and testimony concerning the
derivation of the word redskin(s), dictionary usage labels and usage of the term
redskin(s) over the years in various media.
50

1. Derivation of the Word Redskin(s) as Reference to Native Americans
Mr. Barnhart explains that [t]he original (or core) meaning of the word
redskin identifies the race of people found by colonizing Europeans in the 16th and
17th Centuries.
51
In his report Mr. Barnhart confirms that redskin(s) as an
ethnic term refers to skin color:
It is reasonable to expect people upon encountering something new to
use a term which bears on its use, size, appearance or other
characteristic feature. The word red appears in a large number of
terms in English. It should be noted that there is another meaning for
redskin descriptive of a variety of potato. In the case of the potato it is
because of its color. In the case of the people living in North America

50
Mr. Barnhart and Dr. Butters offered conclusions that the term redskin(s) has taken on
a secondary meaning as the name of respondents team. See Barnhart Dep. Exh. 3
(TTABVue 162 pp. 18-19) (There is ample evidence to support the position that Redskins
has acquired secondary meaning in the context of sports. . . . The collected evidence
indicates that the use of the term redskin in the context of sports is overwhelmingly more
significant that [sic] the use of the term in its core meaning. . . . It is my conclusion based
on the examination of evidence of usage consistent with the practice of lexicography and
linguistics that the term Redskins as used by the Washington Redskins has acquired
secondary meaning separate from the usage associated with the North American Indians.)
See also Butters 1996 Dep., pp. 23-24 (TTABVue 163, 10) (I think the major change began
with the inception of the Washington Redskins football team in the 1930s. As that team
evolved and as professional football grew more and more popular and influential in
American popular culture, the term Washington Redskins, in general the larger term
Washington Redskins, and then more particularly the shortening of Washington Redskins
to Redskins began to take on a meaning of its own identified with the football team. So
that this secondary meaning became a very important meaning for the term itself.)
However, this evidence goes to the first prong of the test where it is found and conceded
that the asserted secondary meaning retains the core meaning Native American.
Because REDSKINS used in connection with respondents services while meaning a football
team, retains its core meaning identifying a race of people, the meanings are not legally
separate for the purposes of determining disparagement under Section 2(a).
51
Barnhart Expert Report (unnumbered), Barnhart Dep. Ex. 3 (TTABVue 162, p. 18).

27

upon the arrival of Europeans it was likewise based upon
appearance. . . . In recent years the sensitivities of these people have
caused some speakers of English to adjust their usage of some of these
terms accordingly. . . . The naturalness of the construction of the word
redskin is underscored by the presence in the language of other terms
with reference to color in describing the appearance of a persons skin.
Blue skin is a 19th Century term used to describe blacks. See for
instance Grose 1796 edition where he defines blue skin as a person
begotten of a black woman by a white man. One of the blue squadron;
any one having a cross of the black breed, or, as it is termed, a lick of
the tar brush. . . . Another example of this genre is darkskin for a
black. Still other examples include yellow-skin for an Asian, black-
skinned and brown-skinned for blacks.
52

In extrapolating on the concept of the use of skin color in language Mr.
Barnhart testifies as follows:
Q. Do you know the word darky?

A. Yes.

Q Is that word natural in its construction insofar as it applies to
complexion?

A. Yes.

Q. Is it offensive to African-Americans?

A. It can be.

Q. Is it derogatory?

A. Depending on the context, yes. But I havent evaluated the
context of darky particularly, so I would want to see some more
examples and evaluate what evidence I could accumulate, yes.
53

The record includes two works by Irving Lewis Allen who Dr. Butters testifies
is a sociologist who has given some thought to language and is certainly a

52
Barnhart Expert Report (TTABVue 162, p. 21).
53
Barnhart Dep. pp. 71-72 (TTABVue 159, pp. 74-75).

28

respectable scholar.
54
We particularly point to the following excerpt from his book
Unkind Words: Ethnic Labeling from Redskin to WASP (Bergin & Garvey 1990) p.
18:
Nearly half of all interracial slurs ...refer to real or imagined physical
differences. ... Most references to physical differences are to skin color,
which affirms what we have always known about the significance of
color in human relations. Asian groups were called yellow this and
that and Native Americans were called redskins, red men, and red
devils.
55

2. Dictionary Usage Labels for Redskin Entries
The record includes several dictionary definitions (submitted separately or
within the contexts of the expert reports) published during the relevant time frame
of 1967 through 1990. A representative sample is set forth below:
a. RANDOM HOUSE DICTIONARY OF THE ENGLISH LANGUAGE 1204 (1967):
56

redskin n. Often Offensive. a North American Indian.
RANDOM HOUSE DICTIONARY OF THE ENGLISH LANGUAGE 1204 (1973):
57

redskin n. Often Offensive. a North American Indian.
RANDOM HOUSE DICTIONARY OF THE ENGLISH LANGUAGE 1618 (2d ed.
1987):
58

redskin n. Slang (often disparaging and offensive). a
North American Indian.

54
Butters 1996 Dep. 72:15-23, Dec. 20, 1996 (TTABVue 163, p. 22).
55
Irving Lewis Allen, Unkind Words: Ethnic Labeling From Redskin To Wasp (Bergin &
Garvey 1990), Petitioners Notice of Reliance, Ex. 57 (TTABVue 87 p. 20). See also Allen,
Irving Lewis, The Language of Ethnic Conflict Social Organization and Lexical Culture
(Columbia University Press 1983) p. 51 (Redskin listed as an ethnic epithet for Native
American) Petitioners Notice of Reliance Ex. 1 (TTABVue 63, p. 41).
56
Petitioners Notice of Reliance, Ex. 1 (TTABVue 62, p. 171).
57
58

29

b. HBJ SCHOOL DICTIONARY (1977):
59

redskin n. A North American Indian.
c. WEBSTERS NEW TWENTIETH CENTURY DICTIONARY OF THE ENGLISH
LANGUAGE UNABRIDGED 1513 (2d ed. 1977):
60

redskin, n. a North American Indian; so called from the
reddish or coppery color of the skin.
c. WORLD BOOK DICTIONARY, VOL. 2 1752 (1979):
61

redskin (redskin), n., adj. North American Indian: We
have had more difficulty with white desperadoes than with
redskins (Theodore Roosevelt).
d. OXFORD AMERICAN DICTIONARY 564 (1980):
62

redskin n. (contemptuous) a North American Indian.
e. OXFORD ENGLISH DICTIONARY 429 (2d ed. 1989):
63

redskin. Also red-skin [See RED a. 5c.] 1. A North
American Indian. (Not the preferred term.).
We further note the earliest restrictive usage label in dictionary definitions
in Mr. Barnharts report dates back to 1966 from the Random House Unabridged
First Edition indicating REDSKIN is Often Offensive. From 1986 on, all of the
entries presented by Mr. Barnhart include restrictive usage labels ranging from
not the preferred term to often disparaging and offensive.
64

All of the experts referenced, either by testimony or in their expert reports,
the seminal work in lexicography, Dictionaries: The Art and Craft of Lexicography,

59
Nunberg Dep. Ex. 9 (TTABVue 83, p. 103).
60
Nunberg Dep. Ex. 14 (emphasis in original) (TTABVue 83, p. 118).
61
Nunberg Dep. Ex. 13 (emphasis in original) (TTABVue 83, p. 116).
62
63
Petitioners Notice of Reliance, Ex. 1 (emphasis in original) (TTABVue 63, p. 57).
64
Barnhart Expert Report (June 8, 1996), Barnhart Dep. Exh. 3 (TTABVue 162, p. 27).

30

written by Sydney I. Landau and first published in 1984.
65
Mr. Barnhart, the
lexicographer, explained that usage labels are a [r]eflection of the opinion of the
editor in chief But some people that are in lexicography have been known to be
less stalwart and have caved into suggestions from non-editorial sources.
66
He
explains that unlabeled terms are standard and labeled terms are labeled for some
particular character.
67
Mr. Barnhart explained that the basic and longstanding
practice in lexicography which deals with noteworthy ranges of usage of any given
entry term is to label those instances of terms when the usage deviates from
Standard English.
68
According to Mr. Barnhart, a term is generally assumed to
be Standard if it is unlabeled.
69
However, there are times when a word is worthy
of special attention, a label (usually in italic type) is included in the entry.
70

Mr. Barnhart explains that there is no standardized method in the field of
lexicography regarding restrictive usage labeling.

65
See Barnhart Expert Report pp. 9, 18-19 (unnumbered) (quoting Sydney Landau,
Dictionaries: The Art & Craft of Lexicography (1984)), Barnhart Dep. Ex. 3 (TTABVue 162,
pp. 26, 35-36); Butters Expert Report 5-6, 16 (June 7, 1996) (citing Sydney Landau,
Dictionaries: The Art & Craft of Lexicography (1984)), Respondents Notice of Reliance, Ex.
9 (TTABVue 129, pp. 41-42, 52); Nunberg 2/18/97 Dep. 331:13-332:25 (TTABVue 81, pp.
224-25).
66
Barnhart Dep. p. 22, (TTABVue 159 p. 25).
67
Barnhart Dep. p. 45 (TTABVue 159 p. 48.
68
Barnhart Expert Report 8 (unnumbered), Barnhart Dep. Ex. 3 (TTABVue 162, p. 25).
Barnhart stated that Standard English is basically English that is acceptable in
business, normal communications between people, that is, everyday conversation, letter
writing, telephone conversation where no particular special connotation is associated . . . in
the context under consideration. Barnhart Dep. 36:17-23 (TTABVue 159, p. 39).
69
Barnhart Expert Report 8 (unnumbered), Barnhart Dep. Ex. 3 (TTABVue 162, p. 25).
70
Id.

31

There are no agreed upon criteria for finding some usages
vulgarly offensive or contemptuous or abusive. There are
few studies that shed any light on the degree of
offensiveness of specified terms under specified
conditions.
71

Each expert points to the influence of outside forces, or pressure groups on
the adoption of usage labels by dictionary editors. For example, Dr. Butters
testifies that sociologists, historians, and anthropologists applied sociopolitical
pressure regarding the use of the term redskin on dictionary editors and that
any dictionary that labels redskin as a derogatory term is doing so, at least
indirectly, as a result of, at least in large part, sociopolitical pressure.
72
This
phenomenon is also recognized in the reference works relied on by the experts.
73

As part of his research, Mr. Barnhart reviewed dictionary entries for the term
redskin between 1859 and 1992. He found no restrictive usage labels for the term
redskin in any dictionaries prior to 1965.
74
Beginning in 1966 Mr. Barnharts
reviewed dictionary entries start to include usage labels indicating the term is
offensive. See Random House Unabridged (1st ed. 1966). From that time on, more
publishers include such labels at an increasing rate. By 1983, all of Mr. Barnharts

71
Barnhart Expert Report 9 (unnumbered) (quoting Sydney I. Landau, Dictionaries: The
Art and Craft of Lexicography (1984)), Barnhart Dep. Ex. 3 (TTABVue 162, pp. 26).
72
Butters 1996 Dep. 61:7-11, 63:22-64:2 (TTABVue 163, p. 20); Butters Expert Report p. 5
citing Sydney I. Landau, Dictionaries: The Art and Craft of Lexicography (1984) (TTABVue
162 p. 69) (In addition, what constitutes a significant-enough semantic change to warrant
the revision of a dictionary entry is often a judgment call, one which is furthermore highly
subject to overt and covert sociopolitical pressures, especially where possible changes in
connotation and usage are concerned.)
73
Butters Dep. pp. 61-64 (TTABVue 163, p. 20).
74
Barnhart Expert Report 9-11 (unnumbered), Barnhart Dep. Ex. 3 (TTABVue 162, pp. 26-
28). Mr. Barnhart reviewed twenty dictionaries published between 1946 and 1964. Id.

32

examples include a usage label indicating it is offensive.
75
Mr. Barnharts
conclusion only references labels that use the word disparaging:
Since 1966, the labeling of the term has been erratic at worst and
inconsistent at best. Of the twenty-eight dictionaries consulted which
appeared between 1966 and 1992, ten editors reported the term as
standard English. Only two dictionaries have identified the term
redskin as disparaging.
76

However, we consider the usage labels that employ the term offensive also
to support the legal conclusion under Section 2(a) that a term is disparaging.
Therefore, Mr. Barnharts conclusion is based on too narrow a construction because
he views the label disparaging as requiring intent.
77
As noted above, for the
purposes of our legal review intent does not figure into the equation. More
significantly, we disagree that the labeling is erratic and inconsistent. Rather it

75
The report includes a listing for Thorndike-Barnhart Dictionaries that indicates that
their World Book Dictionary 1969-1992 had no label but their Intermediate Dictionary
included a label starting in 1974. It is unclear which specific years the World Book
Dictionary was actually published or if the range of years simply indicates the time period
before a next edition issued and we do not include that reference in our calculation. The
1989 Oxford English Dictionary has the usage label not the preferred term; however, the
1980 Oxford American Dictionary includes the more direct usage label contemptuous. We
include not the preferred term in the category of restricted usage, but also find this
dictionary less probative than the one directed specifically to American usage.
76
Id. at 30.
77
When labeling a word as disparaging, lexicographers are trying to determine the
speakers intent, and when labeling a word as offensive, they are assessing a hearers
response to it. Barnhart Expert Report (quoting John McCluskey, Dictionaries and
Labeling of Words Offensive to Groups With Particular Attention to the Second Edition of
the OED, 11 Dictionaries: J. of the Dictionary Socy of N. Am. 119 (1989), Barnhart Dep Ex.
3 (TTABVue 162, p. 26). See also Barnhart Dep. pp. 51-52 (TTABVue 159, pp. 54-55)
(Offense is something disparaging and derogatory tend to refer to the speaker and to the
mental baggage that person is carrying along with him. Offensive tends to refer to the
hearer and the mental baggage that person is carrying along with him. By mental
baggage, I mean their experience with the language and how they use it and how they feel
about it.)

33

shows a clear trend beginning in 1966 to label this term as offensive and by 1986
the dictionaries are unanimous.
Mr. Barnhart also found that among dictionary editors labels there has been
a sensitivity to how people react to that term [redskin] now.
78
In his expert report,
Mr. Barnhart made the following conclusion based on his evaluation of the term
redskin as it appears in various dictionary entries during the relevant time frame:
[T]he use of the term redskin, in its core meaning and as
recorded in dictionaries, is usually recognized among
lexicographers as Standard English which means that it
is acceptable in both formal and informal speech or
writing of educated people.
79

This conclusion stands in contrast to the trend in usage labels during the
relevant time period discussed above and the severe drop-off in usage discussed
below. It is also contradicted by his statement in the same report that:
The record of dictionary editors opinions as reflected in the labeling of
usage for the term redskin suggests that during the latter third of this
century there has developed some change in the perceived usage of the
term.
80

We further note Mr. Barnhart is addressing usage by the general population and
not from the viewpoint of Native Americans.
In his expert report, Dr. Butters opined that sporadic labeling of redskin as
offensive is of dubious value in assessing the tone and full meaning of redskin(s) in

78
Barnhart Dep. 63:5-5 (TTABVue 159, p. 66).
79
Barnhart Expert Report 14 (unnumbered), Barnhart Dep., Ex. 3 (TTABVue 162, p. 31).
80
Barnhart Expert Report 8 (unnumbered), Barnhart Dep. Ex. 3 (TTABVue 162, p. 25)
(emphasis in the original).

34

past and present American culture.
81
Dr. Butters ultimate conclusion is of limited
probative value in that it pertains to general American culture rather than to the
Native American viewpoint. In 1996, Dr. Butters testified as to the following:
In the last 10 or 15 years, one begins to see in dictionaries
thein some dictionaries the labeling of the term redskin
as sometimes offensive. One also begins to see in very
recent years references to the use of the term redskin as a
possibly offensive term. So that there is this, what I
would saymy conclusion is a very recent incipient
change.
82

This statement recognizes the trend in usage labels during a portion of the
relevant time period.
3. Use of the term Redskins in Various Media
The record shows wide usage of the term in various media prior to the late
sixties and very sporadic usage thereafter. A few examples are set forth below:
Merrit Meets the Enemy. Victory over our Frontier Foes. Thirty-
Seven Redskins Sent to the Happy Hunting Grounds. The Indian
Problem Reaching a Conclusion. Rocky Mountain News (October 8,
1879);
83

And excited by firewater they dug up their rusty hatchets and
prepared for blood and thunder. Ugh, said every greasy redskin
Rocky Mountain News (November 19, 1890);
84

Fort Wicked Too Tough for Redskins . . . Headline from Rocky
Mountain News (October 21, 1931);
85

81
Butters Expert Report 4, Respondents Notice of Reliance, Ex. 9 (TTABVue 129, p.40).
82
Butters 1996 Dep. 24:11-18 (TTABVue 163, p. 10).
83
Nunberg Expert Disclosure p. 8 (TTABVue 83, p. 67).
84
Id.
85
Nunberg Expert Disclosure p. 9 (TTABVue 83, p. 68).

35

Good luck, get a redskin for me. Excerpt from the 1940 movie
Northwest Passage;
86

There is reason in her words! at length broke from his compressed
and trembling lips; ay, and they bear the spirit of Christianity; what
might be right and proper in a redskin, may be sinful in a man who
has not even a cross in blood to plead for his ignorance.
87

Indian Fights on the Texas Frontier: A True Account of the Last
Exciting Encounters with Redskins in Hamilton, Comanche, Brown,
Erath and Adjoining Counties (Fort Worth: Pioneer Pub. Co. 1927);
Fighting Rebels and Redskins: Experiences in Army Life of Colonel
George B. Sanford, 1861-1892 (Univ. of Oklahoma Press 1969);
Bluecoats and Redskins: The United States Army and the Indian 1866-
1891 (London: Cassall, 1975); Flashman and the Redskins (New York:
Knopf/Random House 1982).
88

Dr. Nunberg conducted several searches of an electronic database featuring
articles from major newspapers and magazines published between approximately
1975 through 1989 to glean information about use of the word redskins in the
context of Native Americans.
89
According to Dr. Nunberg, newspapers and
television use have a particular influence on the way words are used and [help]
shape the general impressions of the meanings of those [words].
90

86
Id.
87
Barnhart Expert Report (TTABVue 162, p. 24) (quoting a 1979 edition of James Fenimore
Coopers The Last of the Mohicans. This book was first published in 1846). See Butters
Expert Report p. 7 (TTABVue 129, p. 43).
88
Butters Expert Report (TTABVue 129, p. 45). These are titles of various books referenced
by Dr. Butters. We note the publisher of the last title in 1982, Random House, since 1966
has included the usage label often offensive in its dictionaries. See Barnhart Report
(TTABVue 162, p. 27).
89
Nunberg 1996 Dep. 6:2-21, 149:11-12, 151:18-20 (TTABVue 98, p. 133, TTABVue 99, pp.
101, 103); Nunberg 2/18/97 Dep. 305:10-306:8 (TTABVue 81, pp. 198-99).
90
Nunberg 2/18/97 Dep. 275:1-4 (alteration added) (TTABVue 81, p. 168).

36

Dr. Nunberg reported that the database search results showed 136,473
instances of redskin, redskins, and other words beginning with redskin, such
as redskinnettes, with the vast majority involving references to the Washington
Redskins.
91
Dr. Nunberg then conducted a focused search, filtering out terms such
as team, sport, Redskin Park, football, game, fan, and ticket, to yield
results of those instances when the word redskin was used to refer to a Native
American person.
92
This search resulted in approximately 300 references, although
some of these still referred to the Washington Redskins, potatoes and peaches.
93

Dr. Nunberg reviewed the focused search results by hand and found 71
distinct stories in which the word was used to refer to Indians.
94
According to Dr.
Nunberg, none of these 71 occurrences demonstrated use of redskin as a standard
term to refer to a Native American,
95
indicating that the word is not a neutral
synonym for Indian
96
Of those occurrences, many examples use the term in the
context of racial slurs or discrimination, for example:

91
Nunberg 2/18/97 Dep. 305:17-24 (TTABVue 81, p. 198); see Nunberg 1996 Dep. 150:21-
151:1 (TTABVue 99, pp. 102-03).
92
Nunberg 1996 Dep. 151:17-152:8 (TTABVue 99, pp. 103-04); Nunberg 2/18/97 Dep.
305:25-306:25 (TTABVue 81, pp. 198-99).
93
Nunberg 1996 Dep. 152:9-14 (TTABVue 99, 104); Nunberg 2/18/97 Dep. 305:25-306:8,
307:1-2 (TTABVue 81, 198-200).
94
Nunberg 2/18/97 Dep. 307:3-8 (TTABVue 81, p. 200); see Nunberg 1996 Dep. 153:23-
154:16 (TTABVue 99, pp. 105-06).
95
Nunberg 1996 Dep. 156:3 (TTABVue 99, p. 108).
96
Nunberg Report p. 2 (TTABVue 83, p. 84). See also Nunberg Dep. p. 305-310, 314:16-21
(TTABVue 81, p. 198-203, 207).

37

If Mr. Liles went back in history to when the 13 colonies were being
organized, he would have seen that redskin was not used to convey
respect, adulation or honor.
97

A man who resigned from the Pulaski County sheriffs office because of
alleged harassment as an American Indian has won $24,727 in a race
discrimination lawsuit. . . . He said he was called chief, Indian Joe
and redskin.
98

More significant than the relatively small number of uses as a reference to
Native Americans, and many of those in the context of racial slurs, is the relative
absence of use of the term to describe a person. Dr. Nunberg found it significant
that this search yielded so few results showing the term redskin as a reference to
a Native American:
There were in this database over 74,000 instances of the
phrase American Indian or American Indians. And over
73,000 instances to the phrase Native Americans, a
disproportion of about 2,000 to 1 which suggests that the
use of redskin to refer to Indian is extremely rare in this
database which suggests some reason for avoiding the
term since it is, in fact, a commonly used term, for
example, in the cinema and historical sources.
99

Respondent objects to Dr. Nunbergs opinion as irrelevant because it is
lacking in scientific basis. However, we do not rely on Dr. Nunbergs ultimate
opinions and conclusions regarding the word redskins, rather we look to the
underlying data that is not in dispute which undeniably shows a drop-off in usage.
This is corroborated by respondents expert, Mr. Barnhart who conducted a similar
electronic database search, discussed infra. As to the data, respondents objection

97
98
99
Nunberg 2/18/97 Dep. 307:18-308:2 (TTABVue 81, pp. 200-01).

38

that the uses that date from outside the pertinent time periods [are irrelevant] and
are not reflective of Native Americans viewpoints, is overruled.
100
As noted above,
the search encompasses the relevant time period, and is relevant in correlation to
objection to use of this term by Native Americans.
Mr. Barnhart conducted a similar search using a Nexis electronic database
group file featuring major newspapers, magazines and journals published between
1969 and 1996.
101
He found that the term redskin or redskins appeared in
143,920 articles at least once.
102
Similar to Dr. Nunbergs initial search results, Mr.
Barnhart reported that the results of his redskin database search were
overwhelming to be in the context of sports, with less than two percent of the
results referring to Native Americans.
103

Mr. Barnhart would not draw any inferences about the infrequency in which
the term redskin or redskins was used to refer to Native Americans. He testified
that it was not what he was asked to do and it would be a significantly greater
project to determine whether there is any significance to the lack of occurrences.
104

However, in his report he did, in fact, draw conclusions, when he concluded that the
term REDSKIN is acceptable in both formal and informal speech or writing of

100
Petrs Br. p. 18.
101
Barnhart Expert Report 3, 18 (unnumbered), Barnhart Dep. Ex. 3 (TTABVue 162, pp.
20, 35).
102
Barnhart Dep. 64:13 (TTABVue 159, p. 67); Barnhart Expert Report 3, 12 (unnumbered),
Barnhart Dep. Ex. 3 (TTABVue 162, pp. 20, 29).
103
Barnhart Expert Report 12 (unnumbered), Barnhart Dep. Ex. 3 (TTABVue 161, p. 29);
see Barnhart Dep. 69:5-8; 117 (TTABVue 159, p. 72, 120).
104
Barnhart Dep. 67:15-70:6 (TTABVue 159, pp. 70-73).

39

educated people.
105
The conclusion he drew was that its absence from the database
references somehow supports, or at least does not refute, his finding that the term is
part of standard English and acceptable for formal and informal speech or writing.
Such a conclusion stands in contradiction to the stark drop off in usage as shown by
Dr. Nunbergs research and supported by Mr. Barnharts own research which
shows, inter alia, use of the term in many literary sources until 1969 where his
search of the Nexis database spanning the years 1969-1996 reveals only 2 percent of
the appearances of redskin(s) related to Amerindians (96 percent referenced
respondents team and 2 percent referenced Miami Universitys former team name),
and the addition of the usage labels in the dictionaries during the same time period.
Mr. Barnhart confirms that for the last thirty years (from 1967 to 1997 the date of
the deposition) the overwhelming context in which the term redskins is used in
general literature is in a sports context.
106
To the extent respondent relies on this
data to show that because it is printed in newspapers reporting on the professional
football team by that name it is not disparaging in that context, Mr. Barnhart
testified that his report is not based on Native American response to the term in
this context, therefore, we cannot rely on this data to make such a finding or to even
raise doubt about other findings, regarding the viewpoint of Native Americans.
Mr. Barnhart testifies that while the term redskin(s) was not disparaging
as applied to American Indian persons in 1967-1985 it might have been

105
106
Barnhart 1997 Dep. p. 162 (TTABVue 161, p. 10).

40

offensive.
107
As noted above, Mr. Barnhart attaches intent of the speaker to the
word disparaging and his view of offensive is more in line with the meaning of
disparaging in the context of Section 2(a).
NCAI Resolution
The Executive Council of the National Congress of American Indians
(NCAI), the oldest and largest intertribal organization nationwide representative
of and advocate for national, regional, and local tribal concerns, passed a resolution
in 1993, entitled the Resolution in Support of the Petition for Cancellation of the
Registered Services Marks of the Washington Redskins AKA Pro-Football Inc.
108

The resolution includes in pertinent part the following:
NCAI is the oldest and largest intertribal organization
nationwide representative of and advocate for national,
regional, and local tribal concerns; . . . .
[T]he term REDSKINS is not and has never been one of
honor or respect, but instead, it has always been and
continues to be a pejorative, derogatory, denigrating,
offensive, scandalous, contemptuous, disreputable,
disparaging and racist designation for Native Americans
[sic]; and
[T]he use of the registered service marks identified in
Exhibit B to this resolution by the Washington Redskins
football organization, has always been and continues to be
offensive, disparaging, scandalous, and damaging to
Native Americans.
109

107
Barnhart 1997 Dep. p. 181:2-25; 182:2-12, (TTABVue 161 p. 15).
108
National Congress of American Indians Est. 1944, Resolution No. EX DC-93-11,
Resolution in Support of the Petition for Cancellation of the Registered Services Marks of
the Washington Redskins AKA Pro-Football Inc. (Jan. 18-19, 1993) (NCAI Resolution),
Petitioners Notice of Reliance, Ex. 3 (TTABVue 63, pp. 71-77).
109
Id. (emphasis added).

41

Respondent objects to the NCAI resolution as irrelevant, to the extent that it
dates from a time period not relevant to issues in this proceeding.
110
Respondent
further asserts that the District Court found it irrelevant to the calculus.
111
The
full quote from the District Court is set forth below:
All of these resolutions were made after the relevant time frame, with
no explanation by the TTAB as to how they shed light on the relevant
time period, and thus, are irrelevant to the calculus . . . [and] the
TTAB made no findings of fact about the strength of this evidence.

Pro-Football, Inc. v Harjo, 68 USPQ2d at 1255.
We begin by stating that there is no question as to the authenticity or
identity of this document. The stipulation by the parties is clear and unequivocal
all evidence admissible in [Harjo] shall be admissible in this proceeding and only
objections as to relevance were preserved for the evidence covered under paragraph
one of the stipulation.
112
The testimony by Ms. Chase, discussed infra, regarding
the procedures by which the NCAI Executive Council passes its resolutions and as
stated in the NCAI by-laws, and the other evidence of record showing NCAI
membership (referenced infra in the findings of fact), is sufficient to support the
credibility, reliability and trustworthiness of the resolution.
113
In addition, Ms.
Chases testimony along with other evidence sets out the circumstances under

110
Resp. Br. Appendix A p. 1 (TTABVue 181, p. 58).
111
Resp. Br. p. 20 (TTABVue 181, p. 26) quoting Pro-Football, Inc. v. Harjo, 68 USPQ2d at
1255.
112
Parties Stipulation (TTABVue 31).
113
There is nothing in the record to even suggest that NCAIs procedures were not followed.
While Ms. Chase was not present when the resolution was voted on, she did attend the
January 18-19 gathering, during which the resolution was adopted. Chase Dep. p. 52

42

which the resolution was passed, i.e., that approximately 150 tribes were
represented by NCAI at that time and at least one third of the tribal members were
present to pass the resolution.
114

With regard to respondents relevancy objection, any statement made after
each registration issued is not a statement from the time of registration; thus, based
on respondents logic even testimony taken from individuals in 1993-1996 (i.e.,
during the Harjo litigation) would be statements about the witnesses opinions
during the years 1967-1990, and as such, would be irrelevant. However, the mere
fact that an opinion is voiced in 1993 does not mean the opinion was not held by
that group or individual in the 1967-1990 time period. In Harjo, we note, the
opinions about views from 1967-1990 given by the individual plaintiffs through
testimony were accepted, by both the Board and the District Court.
115
Here, we
have a claim that the registered marks disparaged Native Americans when
registered. We find that a resolution passed by an organization such as NCAI,
which throughout the relevant time period represented approximately thirty
percent of Native Americans, setting forth the past and ongoing viewpoint of the

114
To put these numbers in better context, according to the Census Bureau, there were
523,591 Native Americans in the United States in 1960, 792,730 in 1970, 1,364,033 in 1980,
and 1,878,285 in 1990. Campbell Gibson & Kay Jung, Historical Census Statistics on
Population Totals By Race, 1790 to 1990, and By Hispanic Origin, 1970 to 1990, For The
United States, Regions, Divisions, and States App. B, tbls. B-1 to B-3 (U.S. Census Bureau,
Working Paper Ser. No. 56, 2002). The U.S. census is a standard reference; therefore, we
may take judicial notice of its data. Fed. R. Evid. 201; In re Broyhill Furniture Indus. Inc.,
60 USPQ2d 1511, 1514 n.4 (TTAB 2001).
115
We further note respondent elicited and relied upon testimony provided in 1997
regarding views held in 1967. Barnhart 1997 Dep. pp. 170-171 (TTABVue 161, pp. 12-13)
(Mr. Barnhart stating his opinion that the word redskins is not disparaging with regard
to the Redskins team in 1967 through 1997). As discussed infra, Mr. Barnharts
definition of disparaging requires intent from the speaker.

43

Native Americans it represents is clearly probative of the views of Native
Americans held at the referenced time period.
116
We accept individual testimony
about views held in the past, therefore we accept a group statement about views
held in the past, in particular here where the claim pertains to the views of a group
and not individuals.
117
Respondents objection on the basis of relevancy is
overruled.

116
We note in the Harjo decision that while Resolution 93-11 was part of the record, the
Board quoted from a different NCAI resolution that could be appropriately characterized as
indicating a present objection to the word Redskins in respondents marks. Harjo v. Pro-
Football, Inc., 50 U.S.P.Q.2d at 1725, 1747. See Resolution to Justice Department
Investigation of Human Rights Violations NCAI Resolution 93-143, calling for the
abolition of Indian nicknames, Mascots and Images and commercial use of these by sporting
industries, colleges, universities and automobile manufacturers NCAI does hereby
request Senator Ben Campbell-Democrat, Colorado, and Senator Don Nickles-Republican,
Oklahoma, to direct the Justice Department to investigate any human and civil rights
violations by colleges, universities, and public institutions and exploit Indian imagry [sic]
and lifestyles. Petitioners Notice of Reliance Ex. 3 (TTABVue 83, pp. 47-48). By contrast,
Resolution 93-11 clearly speaks to the viewpoint during the relevant time period. With
regard to Resolution 93-11 the Board noted that [e]vidence concerning the significance of
the word redskin(s) before and after the relevant time periods may shed light on its
significance during those time periods. Harjo v. Pro-Football, Inc., 50 U.S.P.Q.2d at 1715.
To clarify, while the evidence is from a time directly after the relevant time period, it
addresses the viewpoint during the relevant time period and, therefore, goes beyond
indicating a present objection. Rather, it is evidence of the viewpoint during the relevant
time period.
117
We further note an editorial from the Albuquerque Journal dated September 12, 1992
includes the following statement: One could argue that when the team was originally
named, most people make that most White people didnt consider the word redskins
derogatory. But Indians have long objected to the term. Emphasis added. Petitioners
Notice of Reliance Ex. 20 (TTABVue 71, p. 87). New Mexico was home to 133,816 Native
Americans in 1990 according to the Census data and a good portion of the Navajo Nation
Ms. Blackhorse, one of the petitioners, is a registered member of the Navajo Nation.
Census Bureau, U.S. Dept of Commerce, Pub. No. 1900 CP-3-7, 1990 Census of Population
Characteristics of Am. Indians by Tribe & Language tbl. 1 (1994).
While we do not know if the newspaper editorial was written by a Native American, as a
newspaper in a state with an appreciable number of Native Americans it is reasonable to
infer that the editorial board has some knowledge regarding the sentiments of the Native
American community. This is simply another example of a statement describing views held
in the past. Such statements serve to cover the relevant time periods. Respondents

44

Deposition of JoAnn Chase
JoAnn Chase, a Native American,
118
became Executive Director of the
National Congress of American Indians on April 1, 1994, and provided testimony in
1996 about Resolution 93-11.
119
Respondents objection to Ms. Chases testimony as
being irrelevant because the NCAI resolution dates from a time period not relevant
to this proceeding is overruled. Her testimony relates to the NCAI resolution that
specifically addresses the time period with which we are concerned. Her testimony
also provides contemporary and historical background on the organization.
Deposition of Harold Gross
In 1972, Harold Martin Gross was the Director of Indian Legal Information
Development Service, a legislative oversight program.
120
The mission of the Indian
Legal Information Development Service was two-fold: (1) to provide career training
to Native Americans in the fields of journalism, law and public affairs in the
legislative process; and to provide legislative information to Native American tribes
through a monthly magazine.
121
The staff was comprised of Native Americans.
Mr. Gross testified that they asked him to help them change the name of the
Washington Redskins football team because it was disparaging, insulting and

relevancy objection to this editorial as being from a different time period and as not written
by a Native American is overruled.
118
Chase Dep. 7:11-13, Apr. 26, 1996 (TTABVue 98, p. 13).
119
Id. 5:19-22 (TTABVue 98, p. 11).
120
Gross Dep. 7:23-8:1, June 11, 1997 (TTABVue 79, pp. 169-70).
121
Gross Dep. 8:4-8:11 (TTABVue 79, p. 170).

45

degrading to American Indians.
122
In January 1972, Mr. Gross drafted a letter on
behalf of his staff and sent it to Edward Bennett Williams, who was then part-
owner and president of the Washington Redskins football team.
123
That letter led to
a March meeting with Mr. Williams.
124

The following people attended that meeting along with Mr. Gross:
125

1. Richard LaCourse, a representative of the Washington Bureau
of the American Indian Press Association;

2. Leon Cook, President of the National Congress of American
Indians (NCAI);

3. Ron Aguilar, District Representative of the National Indian
Youth Council;

4. Dennis Banks, District Representative of the American Indian
Movement;

5. Hany Geigomah, Assistant to the Commissioner of Indian
Affairs and the Youth Representative from the Bureau of Indian
Affairs;

6. Laura Wittstock, Legislative Review Editor of the Indian Legal
Information Development Service; and

7. LaDonna Harris, President of the Americans for Indian
Opportunity.

122
Gross Dep. 16:11-16:19 (TTABVue 79, p. 178). Respondents objection to this testimony
as irrelevant in lacking foundation and scientific basis is overruled. The testimony simply
pertains to an event he participated in and the motivation for that event.
123
Gross Dep. Ex. 32.007: Letter from Harold Gross, Dir., Indian Legal Information Dev.
Servs., to Edward Bennett Williams (Jan. 18, 1972) (TTABVue 77, pp. 11-13; TTABVue
105, p. 71-73 (duplicate)).
124
Gross Dep. 9:2-9:5, 18:7-18:11 (TTABVue 79, pp. 171, 180).
125
Gross Dep. 18:19-18:23 (TTABVue 79, p. 180), Gross Dep. Ex. 32.006 (TTABVue 77, p.
10; TTABVue 105, p. 69 (duplicate)).

46

At the meeting, the Native American attendees expressed their reasons for
objecting to the name of the team, and some of the trappings that went with it. And
to present the reasons why [they] thought it should be changed.
126

Respondent objects to Mr. Gross testimony and exhibits (e.g., the letter to
Mr. Williams) as irrelevant because the organization he formerly represented
comprised at most seven Native American members and itself did not represent any
Native American tribe or organization.
127
The objection is overruled. The opinions
of seven Native Americans expressed during the relevant time period are obviously
relevant to the merits of the petition. Moreover, we do not rely on the testimony for
the viewpoint of the Indian Legal Information Development Service, the
organization Mr. Gross represented. Rather, we rely on this testimony and
evidence to show that NCAIs opposition to use of the word redskins with
respondents services existed as early as 1972, well in advance of the 93-11
resolution and during the relevant time period. NCAIs president, Mr. Leon Cook,
participated in that meeting and supported the position that respondent should
cease use of the name Redskins. The Recommendations to the Washington, D.C.
Professional Football Team from Leon F. Cook, President, National Congress of
American Indians, et al., include the following:

126
Gross Dep. 19:23-20:1 (TTABVue 79, pp. 181-82).
127
Resps Br. Appendix A p. 12. We further note, Mr. Gross deposition is another example
of contemporary testimony regarding past events and opinions that are not objected to as
irrelevant on that basis. We further note respondent did not object to the NCAI resolution
as not representing Native American tribes.

47

1. That the derogatory racial epithet Redskins be withdrawn as a
team nickname for the professional football team of Washington,
D.C.
128

In 1972, NCAI represented approximately 30 percent of Native Americans.
An article published in the Washington Daily News on March 30, 1972, discussing
the meeting with Edward Bennett Williams includes the following excerpt:
After Petites fist shaking speech, Williams closed this first meeting
with the American Indians who claim his team nickname, Redskins is
a racial slur. The eleven Indian representatives included ... Leon Cook,
president of the National Congress of American Indians which claims a
membership of 300,000; Dennis J. Banks, national chairman of the
American Indian Movement.
129

In addition, an article published in The Washington Post on Thursday March
30, 1972 includes the following:
A DELEGATION OF 11 people representing a variety of Indian
organizations ... Among the group ... requesting that the derogatory
racial epithet Redskins be banished from the Washington sports
scene were ...Leon Cook, president of the National Congress of
American Indians which claims a membership of 350,000 Indians,
according to the protesting groups informal leader, Harold Gross, an
attorney for another Indian organization.
130

Harold Gross testified that he worked for NCAI in 1969 and would have first-hand
knowledge as to the membership in that time period.
131
This evidence regarding
NCAIs membership in the relevant time period, as well as its participation in the

128
Gross Dep. Ex. 32.005 (TTABVue 77, p. 9).
129
Petitioners Notice of Reliance Ex. 18 (TTABVue 48, p. 33) (emphasis added)
130
Petitioners Notice of Reliance Ex. 18 (TTABVue 48, pp. 85-86) (emphasis added). We do
not find the discrepancy between the reports in the Daily News and Post as to the
membership of the NCAI as significant. The two reports agree that NCAI claimed to
represent at least 300,000 American Indians.
131
Gross Dep. p. 37 (TTABVue 79, p. 199).

48

1972 meeting serves to corroborate the statement in the 93-11 resolution that the
term REDSKINS as used by the Washington Redskins has always been
offensive, disparaging, scandalous, and damaging to Native Americans.
132

NCAIs decades-long challenge to the term Redskins is referenced in an
article in the Lakota Times published September 16, 1992:
The National Congress of American Indians has been battling against
the racist use of Indians as mascots for decades. The battle has been
uphill all the way because mainstream America does not see the term
[Redskins] as offensive because they are not American Indians.
Mr. Deloria who directed NCAI in the 1960s and spoke out on the
mascot issue then ... The grounds for cancellation of the federal
registration include: The term Redskin is ... disparaging.
133

Other evidence provides information regarding NCAIs opposition to the
name Redskins for the football team and the number of Native Americans
represented by NCAI during the relevant time period. The state of Michigan issued
a report addressing the use of Indian names and mascots in October 1988.
134
The
purpose of this report was to examine the presence of Native American stereotyping
in Michigan education institutions. The Commission surveyed colleges,

132
National Congress of American Indians Est. 1944 Resolution No. Ex DC-93-11,
(TTABVue 63, p. 71) (emphasis added).
133
Lakota Times (September 16, 1992), Petrs Notice of Reliance Ex. 20 (TTABVue 71 pp.
88-89). Respondents objection that this article was published after the relevant time
period is overruled. We only rely on the article for the information provided regarding
NCAIs activities during the relevant time period. See also NCAI Sentinel (Winter-Spring
1969) (TTABVue 48 pp. 80-82) NCAI Wages War on Indian Image (campaign to combat
negative images and references to Native Americans); and letter from William B. Welles
and Charles B. Kusen to Mr. Pete Rozelle (April 25, 1972) (commenting on movement to
change the familiar titles of many teams in the sports world, including the Redskins)
Petitioners Notice of Reliance Ex. 32 (TTABVue 77 p. 20).
134
See Michigan Civil Rights Commission Report on Use of Nicknames, Logos and Mascots
Depicting Native American People in Michigan Education Institutions (October 1988)
(Michigan Commn Report), Petitioners Notice of Reliance, Ex. 77 (TTABVue 91, p. 94).

49

universities, high schools and junior high/middle schools.
135
In addition, the
Commission contacted Native American organizations in Michigan to solicit
feedback on stereotyping of Native Americans.
136
Respondent apparently lodged
several objections to this report (it is included by bates numbers in the objections to
documents referred to as correspondence); however, we only rely on the following
reference in 1988 to NCAI in this report and there is no objection to that
information.
The National Congress of American Indians, the oldest and largest
national Indian group in the U.S. also supports this organizations
efforts to have the Washington teams name changed.
137

In April 1993, the Miami University Senate held meetings to determine
whether or not to abandon their team name REDSKINS, which they ultimately did.
Dr. Britton Harwood made the following statement:
The National Congress of American Indians, representing
approximately 150 tribal governments, calls it [redskin] a racial
slur.
138

135
Michigan Commn Report, at 13 (TTABVue 91, p. 108).
136
Michigan Commn Report, at 21-22 (TTABVue 91, pp. 116-17).
137
Michigan Commn Report, at 6 (TTABVue 91, p. 101).
138
Statement to the [Miami] University Senate, Dr. Britton Harwood 1993 Minutes from
University Senate April 5, 1993, Petitioners Notice of Reliance Ex. 87 (TTABVue 95, p. 19).
These minutes were made admissible in the Harjo proceeding in view of both parties not
objecting to the other parties documents submitted under notice of reliance. They have
been stipulated into this record and there is no objection based on authentication or
foundation and any hearsay objection is waived (respondent objects to the relevancy of
these minutes for other reasons that do not impair the statement regarding how many
tribes are members of NCAI in 1993). In addition, an article from the newspaper The Voice
(April 27, 1993) titled Harwood Addresses U. Senate on Redskin Issue includes the
statement The National Congress of American Indians, representing approximately 150
tribal governments, calls it a racial slur. Petitioners Notice of Reliance Ex. 88 (TTABVue
95, p. 29).

50

This number is further corroborated a June 3, 1991 letter from Dale Pullen,
publisher of The U.S. Congress Handbook to Charlie Drayton, the Vice President of
Communications for the Washington Redskins, submitted by respondent to show
Native American support of the team.
139
In his letter, Mr. Pullen wrote the
following:
The National American Indian Council, representing 70 per cent of the
American Indian population, would like 400 U.S. CONGRESS
HANDBOOKS for their D.C. meeting beginning June 7.
Ms. Lee Ann Tallbear, Executive Director, for the NAIC, called to see
how she might get books . . . .
Ms. Tallbear said that her group represents about 1.2 million
American Indians who do not live on reservations. The National
Congress of American Indians represent [sic] Indians living on
reservations (the remaining 30 percent).
In 1995, there were approximately 500 recognized tribes in the United States; 150
would have been about one third in 1993.
140
Ms. Chase also testified that there
were between 100 400 members at the time the resolution was taken.
141

We further note that in addition to NCAI, the American Indian Movement
(AIM) was represented at the 1972 meeting. AIM was founded in 1968 as stated in
the following letter from Clyde H. Bellecourt, National Director of the AIM and

139
Chase Dep. pp. 104-105 (TTABVue 98, pp. 110-11), Respondents Notice of Reliance Ex.
29.1 (TTABVue 142, p. 43) (shown as the Deloria Exhibit 35 also presented as exhibit 41 in
the Chase deposition).
140
1995 Federal Register, Respondents Notice of Reliance Ex. 64 (TTABVue 151, pp. 57-
63).
141
Chase Dep. p. 54 (TTABVue 98, p. 60). It is interesting to note that the 1992 WTOP
survey shows 28 percent of tribal leaders (again approximately 30 percent) found the name
offensive and wanted it changed. John Kent Cooke Dep., Ex. 6 (TTABVue 149, pp. 43-68;
TTABVue 156, pp. 11-38).

51

William A. Means, President of International Indian Treaty Council, to Jack Kent
Cooke
142
dated December 20, 1991:
The American Indian movement (AIM) is the foremost advocacy
organization representing and defending the spiritual, cultural,
political and treaty rights of the Indigenous (Indian) peoples in all of
North, Central and South America. The American Indian
Movement, which was reborn here in Minneapolis, Minnesota in 1968
The efforts by Indian people to cleanse organized sports, both within
major league baseball, the national football league and hockey, as well
high school and university athletic programs has been ongoing for
years. We have received hundreds of calls and letters both national
and international in support of our efforts to change these demeaning
names (i.e. Washington Redskins) by sports teams and athletic
programs.
143

Letters of Protest
Petitioners submitted 19 letters from individuals identifying themselves or
family members as Native Americans from across the United States representing a
geographic cross section (South Dakota, Virginia, Florida, Nebraska, Iowa, Idaho,
Minnesota, Georgia, Illinois),
144
letters from three Native American
organizations,
145
one letter from the Otoe-Missouria Tribe,
146
in which they

142
Jack Kent Cooke was respondents former chairman of the Board, . . . president and a
director. John Kent Cooke Dep. 15:16-21, Mar. 26, 1996 (TTABVue 65, p. 86).
143
Letter from Clyde H. Bellecourt, Natl Dir., Am. Indian Movement, and William A.
Means, President, Intl Indian Treaty Council, to Jack Kent Cooke (Dec. 20, 1991),
Petitioners Notice of Reliance, Ex. 5 (TTABVue 63, pp. 172-76).
144
Petitioners Notice of Reliance Ex. 5 (TTABVue 63, pp. 84-177; 67 pp. 14, 65, 86-87, 93,
130); petitioners Notice of Reliance Ex. 2 (TTABVue 77, p. 6).
145
Letter from Clyde H. Bellecourt, Natl Dir., Am. Indian Movement, and William A.
Means, President, Intl Indian Treaty Council, to Jack Kent Cooke (Dec. 20, 1991),
Petitioners Notice of Reliance, Ex. 5 (TTABVue 63, pp. 172-76); Letter from Loren Stiffarm,
President, Natl Indian Educ. Assn, to Manuel Lujan, Dept. of Interior (Mar. 16, 1992),
Petitioners Notice of Reliance, Ex. 5 (TTABVue 67, pp. 37-38); Letter from Sharon Metz,
Dir., H.O.N.O.R. to Jack Kent Cooke (Oct. 1992), Petitioners Notice of Reliance, Ex. 5
(TTABVue 67, pp. 68, 136).

52

protested the use of the term Redskins by respondent.
147
A representative sample
of excerpts from individual letters is set forth below:
Since you continue not to believe that the term Redskins is not [sic]
offensive to anyone, let me make this clear: The name Redskins is
very offensive to me and shows little human interest or taste. I am a
Comanche Indian from Oklahoma. Indians are having enough trouble
trying to erase misconceptions about themselves without having to be
hit in the face with it every day in the form of a football team or
baseball team. If you think you are preserving our culture or your
history, then may I suggest a change? To live up to your name, your
team would field only two men to the opponents eleven. Your players
wives would be required to face the men of the opposing team. After
having lost every game in good faith, you would be required to remain
in RFK stadiums end zone for the rest of your life living off what the
other teams had left you. (Which wouldnt be much.) Since you would
probably find this as distasteful as 300,000 Indians do, I would suggest
a change in name. In sticking to your ethnic theme, I would suggest
the Washington Niggers as a start. This would start a fantastic
trend in the league. We would soon be blessed with the San Fransisco
[sic] Chinks, New York Jews, Dallas Wetbacks, Houston Greasers, and
the Green Bay Crackers. Great, huh? Mr. Williams, these would be
very offensive to many people, just as Redskins is offensive to myself
and others. You can take a stand that would show you and the team
as true believers in civil rights, or you can continue to carry a name
that keeps alive a threatening stereotype to Indian people. People, Mr.
Williams. We dont want the Redskins!
148

I, along with many other Native Americans, have tried over many
years to reduce the level of opprobrium and prejudice surrounding

146
Letter from Otoe-Missouria Tribe to Jack Kent Cooke (Oct. 8, 1993), Petitioners Notice
of Reliance, Ex. 5 (TTABVue 67, p. 150). According to the Census Bureau, there were a
total of 1,762 Otoe-Missourias in the United States in 1990. Census Bureau, U.S. Dept of
Commerce, Pub. No. 1900 CP-3-7, 1990 Census of Population Characteristics of Am.
Indians by Tribe & Language tbl. 1 (1994).
147
Respondents objections to these letters as irrelevant because there is no evidence that
the authors are Native Americans or represent any Native American tribe or organization
are overruled. The writers self-identified as Native Americans and respondent waived the
hearsay objection. Moreover respondent relies on the same type of evidence for the truth of
the matter asserted, see infra.
148
Letter from Billy Kevin Gover to Edward Bennett Williams (July 18, 1972), Petitioners
Notice of Reliance Ex. 32 (TTABVue 77, p. 6).

53

American attitutes [sic] toward Native peoples. I urge that you
consider an immediate change of name for your team and that your
new name reflect in no way unfavorably on any of our national or
ethnic groups.
149

I must say that I am appalled at your [Jack Kent Cooke] callous
attitude and comments concerning this issue. As a Native American I
can assure you that I find the term Redskin offensive and derogatory.
I dont mind telling you that I find the name of your team totally
objectionable. I feel youve gotten off lightly with the concerns for
this issue because the Indian population is not as large or vocal as the
other minorities of this country. Because we are not highly visible that
does not mean you can count us out of the human race. We deserve the
right to be treated with equal respect and consideration that is entitled
to any race. Would you be offended if someone called you or a family
member a derogatory racial nickname? Some of these nicknames are:
honkie, wop, kraut, chink, potato head and nigger. When a Native
American is referred to as a redskin then you are in essence calling
them a name that is just as bad as those above. Would you be offended
by any of these names? If so, then please reconsider your position.
You people in Washington take so much care not to offend the
minorities [in] your city. I dont understand why this same care and
consideration isnt extended to other races in this country.
150

I object to the use of redskins for a football team.
151

I am an Oglala Sioux Indian living here on the Pine Ridge Indian
Reservation in South Dakota. I am writing this letter concerning a
matter that I feel is very important I believe that the name Redskins,
is very demeaning to my Indian people. Thank you for your kind
attention to the matter.
152

As a member of the Oneida tribe of Indians of Wisconsin, I find the
team name [Redskins] very offensive and more of an ethnic slur which

149
Letter from Joan W. Drake to Jack Kent Cooke (January 21, 1988), Petitioners Notice of
Reliance Ex. 5 (TTABVue 63, p. 86).
150
Letter from Roxanna Pucher to Jack Kent Cooke (February 22, 1988), Petitioners Notice
of Reliance Ex. 5 (TTABVue 63, pp. 108-109).
151
Letter from Norma Lussier to Jack Kent Cooke (member of the Red Lake Band of
Chippewa Indians) (March 18, 1988), Petitioners Notice of Reliance Ex. 5 (TTABVue 63, p.
127).
152
Letter from Adora Martin (May 2, 1988) to Jack Kent Cooke, Petitioners Notice of
Reliance Ex. 5 (TTABVue 63, 134).

54

should have never been placed with the proud symbol of the team. I
am a big fan of the team and its collection of extraordinary talent,
however, I remain adamantly opposed to the organization [sic] keeping
the current team name.
153

The Washington Redskins must go! No, not the team, but the name,
which is totally demeaning of Native Americans and reinforces a
negative stereotype that is unjust and unwarranted. The term
redskins is out of a period when there was a bounty on the heads of
Indians and they were scalped. Eighty cents for a mans skin, 60 cents
for a womans skin and 20 cents for a childs skin. It is a period in our
history that every American should be ashamed of and the continued
use of such a derogatory and offensive term is an abomination. Ben
Nighthorse Campbell, the only Native American in the U.S. Senate,
says that the name Redskins carries the same negative connotation as
some terms that blacks and whites find offensive. The word brings to
mind a negative image of uncivilized persons and has no positive
meaning. Therefore, Mr. Cooke, despite your insistence to the
contrary, there is no pride or honor associated with the name. The
controversy is something that will not go away, will not disappear until
the term redskin is banished from our vocabulary. ps. Being of
direct Native American descent, I find the name especially offensive.
154

All but one of the letters were written at the end or just after the relevant
time period, but do evidence the opinion of individual Native Americans across the
United States, providing further corroboration that the viewpoint in the NCAI
resolution represents a cross-section of Native Americans. We have not considered
the at least 150 letters from individuals other than Native Americans protesting the
use of the name Redskins.
155
Inasmuch as our determination of the issue of
disparagement concerns the views of Native Americans, the 150 letters from non-
Native Americans have limited probative value. While they may serve to indicate a

153
Letter from Jeffrey Valentino to Jack Kent Cooke (September 14, 1992), Petitioners
154
Letter from Kimberly Whitehead to Jack Kent Cooke (October 8, 1993), Petitioners
155
See App. A (detailed listing of submissions by petitioners notice of reliance).

55

broader consensus regarding the word, which may add to the weight of the evidence,
we do not find it necessary to rely on this evidence.
Respondents Evidence of Support for the Name
On January 16, 1992, the chief of the Modoc Tribe of Oklahoma sent the
Washington Redskins a copy of the Inter-Tribal Council (comprising the Miami,
Ottawa, Modoc, Peoria and Seneca-Cayuga Tribes of Oklahoma) Resolution
Supporting Use of Team Name Redskins by the Professional Football Team in
Washington, D.C., approving the name as a positive image depicting Native
American culture and heritage.
156

In October 1991, the chairman of the Tulalip Tribes of Washington, Stanley
G. Jones Sr., sent a letter to Senator John McCain, then-Vice Chairman of the
Select Committee on Indian Affairs, stating that [m]any of us are proud that sport
teams use us and our symbols to represent them. . . . We are not offended by the
Washington football team being called the Redskins.
157

The Tribal Leader of the Soboba Band of Indians located in San Jacinto,
California, Robert J. Salgado, sent a letter to Jack Kent Cooke, in January 1992,
stating that he had been impressed [by] the manner in which the Washington

156
Resolution of Inter-Tribal Council, Inc. (1992), Respondents Notice of Reliance, Ex. 27
(TTABVue 142, pp. 28-29), Respondents Notice of Reliance, Ex. 28.2 (TTABVue 142, pp. 32-
33 (duplicate). See also letter from Floyd E. Leonard, Chief of the Miami Tribe of
Oklahoma, to C. A. Buser (June 21, 1991) (explaining that the Miami Tribe voted to support
and acknowledge its pride in the use of the name Redskins by Miami University in
Oxford, Ohio), Respondents Notice of Reliance, Exhibit 28.7 (TTABVue 142, pp. 39-40).
157
Letter from Stan Jones Sr., Chairman, the Tulalip Tribes, to Sen. John McCain (Oct. 30,
1991), Respondents Notice of Reliance, Ex. 28.1 (TTABVue 142, pp. 30-31). See letter from
Stanley G. Jones Sr., Chairman, the Tulalip Tribes, to Redskin Support Comm. (Aug. 31,
1992) (expressing no objection by the Tulalip Tribe to the use of the Redskins name),
Respondents Notice of Reliance, Ex. 28.6 (TTABVue 142, p. 38).

56

Redskins have portrayed the American Indian, and further stating his support for
the team.
158

The chief of the Choctaw Nation of Oklahoma, Hollis E. Roberts, sent a letter
to the Washington Redskins Communications Department in January 1992, which
covered the history of the Choctaws and connected that history with the use of
American Indian names and images by sports teams.
159
Chief Roberts stated:
Sports teams traditionally adopt a namesake and image
which they perceive as noble and powerful. The
Washington Redskins is a team . . . that Indian people can
be proud to be identified with.
160

The chief concluded by expressing his support of the Washington football team, the
Redskins.
161

The Principal Chief of the Seminole Nation of Oklahoma, Jerry G. Haney,
sent a letter to Jack Kent Cooke in January 1992, expressing that the use of the
Redskins name by the Washington football team is a source of pride.
162

The Vice President of the Pima-Maricopa Indian Community of Salt River in
Scottsdale, Arizona, Merna L. Lewis, sent a letter to Ms. Jo Walter regarding the

158
Letter from Robert J. Salgado, Chairman, Soboba Band of Mission Indians, to Jack Kent
Cooke (Jan. 17, 1992), Respondents Notice of Reliance, Ex. 28.3 (TTABVue 142, p. 34).
159
Letter from Hollis E. Roberts, Chief, Choctaw Nation of Okla., to Charlie Dayton, V.P.,
Wash. Redskins Communications Dept (Jan. 23, 1992), Respondents Notice of Reliance,
Ex. 28.4 (TTABVue 142, pp. 35-36).
160
Id. (TTABVue 142, p. 36).
161
Id.
162
Letter from Jerry G. Haney, Principal Chief, Seminole Nation of Okla., to Jack Kent
Cooke (Jan. 23, 1992), Respondents Notice of Reliance, Ex. 28.5 (TTABVue 142, p. 37).

57

use of the name Naperville Redskins by a high school in Illinois.
163
Ms. Lewis
wrote that her Native American community did not object to the Naperville school
using the name Redskins so long as it was used with honor and respect.
The principal chief of the Eastern Band of Cherokee Indians in North
Carolina, Jonathan L. Taylor, also sent a letter to Ms. Jo Walter in July 1992,
regarding the use of the name Naperville Redskins.
164
Chief Taylor wrote that the
use of the name Redskins by the school was a great honor for all Native
Americans.
165

A 1992 newspaper article reported that the Mattaponi tribe did not object to
the use of the name Redskins by the Washington football team. The tribal chief of
the Mattaponi of King William County, Virginia, Webster Little Eagle Custalow,
is quoted as saying that his tribe did not disapprove of that name at all. The only
thing Ive asked them to do is to wear the helmets proudly. Theres an Indian head
dress on the helmet and I asked them to keep that helmet high and not rub it in the
dirt.
166

The record also includes evidence regarding Native Americans using the
word redskins in connection with their own sports teams:

163
Merna L. Lewis, V.P., Pima-Maricopa Indian Community (Ariz.), to Jo Walter (July 14,
1992), Respondents Notice of Reliance, Ex. 28.8 (TTABVue 142, p. 41).
164
Jonathan L. Taylor, Principal Chief, Eastern Band of Cherokee Indians, to Jo Walter
(July 16, 1992), Respondents Notice of Reliance, Ex. 28. 9 (TTABVue 142, p. 42).
165
Id.
166
Associated Press, NAACP Objects to Redskins; Chief Doesnt, N. Va. Daily, Aug. 5,
1992, Petitioners Notice of Reliance, Ex. 19 (TTABVue 48, p. 59).

58

A sign at a Navajo Indian Reservation school: Red Mesa High School
Home of the Redskins, with the photograph taken in 1989 and sent by
Robert D. Kahn to Jack Kent Cooke on November 4, 1991;
167

A sports article in the April 30, 2010 issue of the Seminole Tribune
(Fla.), referencing the Lady Redskins as one of the teams involved in
a tribal basketball tournament.
168

Respondent also points out that its seventeenth draft pick in 1956 was Eagle
Day, who was part of the Cherokee tribe.
169
Day began his career with the
Washington Redskins in 1959, as reported in this Washington Daily News article:

When he arrived at training camp in July 1959, the Washington Daily News
reported that Eagle Day is an Indian who has always wanted to be a Redskin,

167
Letter from Robert D. Kahn to Jack Kent Cooke (Nov. 4, 1991), Respondents Notice of
Reliance, Ex. 33 (TTABVue 143, pp. 6-8).
168
Marcus Anthony Briggs-Cloud Dep. 67:20-68:14, 72:14-73:18, June 23, 2011 (TTABVue
121, pp. 73-74, 78-79); Briggs-Cloud Dep. Ex. 3 (Chris C. Jenkins, Son, Daughter
Celebrated in Memorial Tourneys, Seminole Tribune (Fla.), Apr. 30, 2010, at 1C)
(TTABVue 121, p. 24). We note this article is not from nor does it reference the relevant
period.
169
Redskins Sign Indian, Washington Daily News, Mar. 10, 1959, at 37, Respondents Ex.
31.1 (TTABVue 143, p. 4).

59

quoting Day as saying Im finally getting a chance to do what I wanted in the first
placeplay for the Redskins.
170

Based on our review of the record within the confines of this narrow case and
taking into consideration the stipulations that all evidence deemed admissible in
Harjo is of record and all hearsay objections are waived to allow consideration of
documents for the truth of the matter asserted,
171
we find the following facts in the
two categories.
FINDINGS OF FACT
General Analysis of the Word
172

1. The word REDSKIN on its face is and always has been a racial designation.
173

2. The word REDSKINS is a plural of the word REDSKIN.
174

3. The word REDSKIN on its face refers to the real or imagined skin color of Native
Americans.
175

170
Tom Yorke, An Indian Joins the Redskins, Washington Daily News, July 27, 1959,
Respondents Ex. 31.2 (TTABVue 143, p. 5).
171
Despite the waiver of hearsay objections, we only rely on the content of these documents
to corroborate testimony and NCAI Resolution 93-11, and when various documents point to
the same result to establish sufficient indicia of reliability. West Florida Seafood, Inc. v. Jet
Restaurants, 31 F.3d 1122, 31 USPQ2d 1660, 1663 (Fed. Cir. 1994).
172
Although titled General Analysis this category includes evidence and findings of fact
based on Native American viewpoints, i.e., the viewpoint of paramount concern under the
applicable analysis.
173
This is not in dispute and is evident from the answer to the first part of the test, i.e., that
REDSKINS retains the meaning Native American. However, it is also amply supported by
the multitude of dictionary definitions in the record, including those set forth in the
majority opinion. See also Barnhart Rept. p. 1 (TTABVue 129, p. 5).
174
This has been conceded and established by the record as part of the first prong of the
test.
175
Barnhart Dep. p. 70-71 (TTABVue 159, p. 74); Barnhart Rept. (TTABVue 162, p. 21);
Nunberg Dep. Ex. 14 (TTABVue 83, p. 118) Websters New Twentieth Century Dictionary of

60

4. Racial slurs often refer to real or imagined physical differences.
176

5. Dictionary usage labels signal that a word is not part of standard vocabulary.
177

6. Before 1966 no dictionary in this record included a usage label for the term
REDSKIN.
178

7. Beginning in 1966 and continuing to 1990, usage labels in dictionaries indicating
the term REDSKIN to be offensive, disparaging, contemptuous or not preferred,
first appear and then grow in number.
179

the English Language Unabridged (2d ed. 1977) so called from the reddish or coppery color
of the skin. This is not in dispute. Resp. Br. pp. 38-40.
176
Allen, Irving Lewis, Unkind Words: Ethnic Labeling from Redskin to WASP (Bergin &
Garvey 1990) p. 18 (Nearly half of all interracial slurs ...refer to real or imagined physical
differences. ... Most references to physical differences are to skin color, which affirms what
we have always known about the significance of color in human relations. Asian groups
were called yellow this and that and Native Americans were called redskins, red men, and
red devils.) petitioners notice of reliance Ex. 57 (TTABVue 87, p. 20). See also Allen,
Irving Lewis, The Language of Ethnic Conflict Social Organization and Lexical Culture
(Columbia University Press 1983) p. 51 (Redskin listed as a disparaging slur for Native
Americans), petitioners notice of reliance Ex. 1 (TTABVue 63, p. 41). In a deposition
submitted by respondent, Richard Leslie Vaughn, director of communications for the
Washington football team, presents an example that reference to skin color is disparaging.
Q. What is it about the word darkie that causes you to believe that it refers to African-
Americans? A. The color of their skin. Q. Do you consider the word darkie derogatory? A.
Yes. Q. Do you consider it disparaging? Yes. Vaughn Dep. pp. 148-149 (TTABVue 158,
pp. 151-152).
177
Barnhart Rept. (TTABVue 162, p. 25). This is not in dispute.
178
Barnhart Rept. (TTABVue 162, p. 21).
179
Barnhart Rept. (TTABVue 162, p. 21). Regarding respondents attempt to weaken the
usage labels by pointing to the qualifier often, as in often offensive indicating that it
allows for contexts in which it would not be offensive, the usage labels for HEBE, KIKE
GOOK, CHINK and NIGGER are all qualified by usually, yet it would be hard to imagine
anyone feeling emboldened to adopt as a team name any one of these words based on the
qualifier usually. Merriam-Websters Collegiate Dictionary (10th ed. 1998). The Board
may take judicial notice of dictionary definitions. In re Red Bull GmbH, 78 USPQ2d 1375,
1378 (TTAB 2006). See also Nunberg Dep. p. 343-344 (TTABVue 81 pp. 236-237) As for
the often that is sometimes added as a hedge and is even added to words whose status has
disparaging epithets is beyond a question like nigger. Thats usually used merely to make

61

8. From 1983 on, all dictionary entries in the Barnhart report include a usage label
indicating the term is offensive, disparaging, contemptuous or not preferred.
180

9. The National Congress of American Indians (NCAI) was founded in 1944.
181

10. The record shows that NCAI began advocating against use of respondents name
REDSKINS, in the 1960s.
182

11. The advocacy organization American Indian Movement (AIM) was founded in
1968 and its effort to rid sports teams of Indian names, including respondents
name REDSKINS, has been ongoing for decades.
183

an exception of the ironic uses of the word often by members of the group to whom its
applied.
180
Barnhart Rept. (TTABVue 162, p. 26). Apart from respondents expert report,
respondent points to a 1987 entry from the Oxford English Dictionary that does not have a
usage label. However, the 1980 Oxford American Dictionary entry of record contains the
usage label contemptuous and is obviously more probative on this point inasmuch as we
are concerned about the meaning of language in the United States not the English
speaking world at large. (TTABVue 86, p. 76). Moreover, by 1989 even the Oxford English
Dictionary added the usage label not the preferred term. (TTABVue 63, pp. 55-57).
181
Chase Dep. p. 34 (TTABVue 98, p. 40).
182
Lakota Times (September 16, 1992) (The National Congress of American Indians has
been battling against the racist use of Indians as mascots for decades. The battle has been
uphill all the way because mainstream America does not see the term [Redskins] as
offensive because they are not American Indians. Mr. Deloria who directed NCAI in
the 1960s and spoke out on the mascot issue then ... The grounds for cancellation of the
federal registration include: The term Redskin is ... disparaging.) TTABVue 71, p. 89.
See also NCAI Sentinel NCAI Wages War on Indian Image (Winter-Spring 1969)
(campaign to combat negative images and references to Native Americans). TTABVue 48,
pp. 80-82. See also letter from William B. Welles and Charles B. Kusen to Mr. Pete Rozelle
(April 25, 1972) (commenting on movement to change the familiar titles of many teams in
the sports world, including the Redskins) (TTABVue 77, p. 20).
183
Letter from Clyde H. Bellecourt, National Director of AIM and William A. Means
President of International Indian Treaty Council to Jack Kent Cooke (December 20, 1992)
(TTABVue 63, p. 172). See also The Evening Star (Washington D.C. Wednesday January
19, 1972) the New American Indian Movement is considering a suit against the
Washington Redskins ... [a]s for the Washington Redskins, the movement suggests that
insult is added to injury when the Redskins are sometimes referred to as the Skins.)
TTABVue 77, p. 14; Star Tribune (November 1, 1991) (The American Indian Movement

62

12. Usage labels sometimes result from pressure groups trying to influence the
lexicographer.
184

and others have for decades urged professional teams to drop Indian names . Indian
activist Russell Means even sued the Cleveland Indians in 1972.) (TTABVue 71, p. 21, 33-
35).
184
Butters Report p. 5, (TTABVue 129, p. 41; 165 p. 8) (Usage labels are subject to
sociopolitical pressure. [W]hat constitutes a significant-enough semantic change to
warrant the revision of a dictionary entry is often a judgment call, one which is furthermore
highly subject to overt and covert sociopolitical pressures, especially where possible changes
in connotation and usage are concerned. ... Quite simply, it is a concerted attempt by
various pressure groups to force dictionary editors to abandon the traditions of setting
down the language as it is actually used, however, disagreeable, regrettable, or uncongenial
the use.) p. 5-6, quoting Landau, Sydney, Dictionaries The Art and Craft of Lexicography
(1984)). Barnhart Dep. p. 22 (But some people that are in lexicography have been known
to be less stalwart and have caved in to suggestions from non-editorial sources.).
(TTABVue 159, p. 25), see also Barnhart Dep. pp. 80-82 (TTABVue 159, pp. 82-83) and
Barnhart 1997 Dep. pp. 200-201; 210-211 (TTABVue 161, pp. 20; 23). See also Nunberg
Dep. pp. 331-339 (TTABVue 81, pp. 224-232).
Thus, as the referenced minority asserts itself through pressure groups, the general
population abandon[s] the traditions of setting down the language as it uses the word.
This is amply demonstrated by the record where the use of REDSKIN or REDSKINS is
rampantly used in literature, newspapers and movies by the mainstream prior to the 1960s
to refer to Native Americans, and severely drops off, except as to the football team, after the
1960s. Nunberg Rept. (TTABVue 108, p. 107), (TTABVue 83, p. 85). See also Butters Dep.
Exh. 10 How to Hate Thy Neighbor A Guide to Racist Maledicta Maledicta II p. 169
(TTABVue 171, p. 18) (Redskin Any Native American, after the red warpaint they
traditionally wore when attacking white settlers. Formerly insulting, now seldom used
except in connection with the Washington Redskins football team.) Mr. Barnharts search
of newspapers and other publications from 1969-1996 revealed only 2 percent of the uses of
redskin were references to Native Americans. Barnhart Rept. (TTABVue 129, pp. 7, 17).
As noted by Mr. Barnhart In recent years the sensitivities of these people [Native
Americans] have caused some speakers of English to adjust their usage of some of these
terms accordingly. (emphasis added) Barnhart Rept. (TTABVue 129, p. 15). He also
acknowledges the trend in usage labels from 1965 to the present (1992). It is clear that
in the last 18 years the opinions of the editors of dictionaries concerning the current usage
of redskin is not uniformly agreed upon. For the first time since 1872 (when dictionaries
began entering the term redskin), editors have begun to report some change in its use. Id.
Barnhart concludes the term redskin is acceptable in both formal and informal speech or
writing of educated people yet his own research demonstrates that it is not so used, at
least in written form from 1969-1996.
Looking at Mr. Barnharts research in combination with Nunbergs research, Mr.
Barnharts unequivocal conclusion is in conflict with the underlying data. Similarly, Dr.
Butters unequivocal conclusion that the term redskin is a minor variant for American
Indian is contradicted by his acknowledgement of dictionaries labeling it as offensive

63

13. From the mid-1960s to 1996, the word redskin(s) has dropped out of written
and most spoken language as a reference to Native Americans.
185

14. From at least the mid-1960s to 1996, the words Native American, Indian, and
American Indian are used in spoken and written language to refer to Native
Americans.
186

15. The usage labels appear and the use of the word redskin(s) disappears because
it is increasingly recognized that the term is offensive and disparaging during the
relevant time period as Native Americans raise awareness about the offensive
nature of the term redskin(s).
Native American Objection to Use of the Word Redskins for Football Teams
16. Since 1994, Jo Ann Chase has been the Executive Director of the NCAI.
187

17. The membership of the NCAI consists of Native American tribes and
individuals.
188

during the relevant time period. Butters Dep. (TTABVue 163, pp. 10, 20); Butters Rept.
(TTABVue 129, p. 51). Because the conclusions of Mr. Barnhart and Dr. Butters are in
direct conflict with the usage labels and the disappearance of the term from American
English, since the 1960s, the time period with which we are concerned, we give their
ultimate conclusions little weight.
185
This is not in dispute see Pro-Football, 68 USPQ2d at 1234. Nunberg 2/18/97 Dep.
(TTABVue 81, pp. 200-201); Barnhart Dep. (TTABVue 159, p. 72). The trial record includes
evidence on this point up until 1996; the Harjo trial period ended on June 3, 1997. Pro-
Football, Inc. v. Harjo, 45 USPQ2d 1789 (TTAB 1998). Respondent points to Mr. Butters
statement that the appearance of the term redskins in connection with its team in
newspaper sport pages indicates that they (presumably the editors) find no pejorative
connotations what[so]ever to the word. Petrs Br. p. 28 quoting Butters Rebuttal Report
(TTABVue 151). However, the fact that people other than the referenced group continue to
use the term in one last context is not compelling evidence that the referenced group does
not find it to be disparaging.
186
Id.
187
Chase Dep. p. 4 (TTABVue 98, p. 10).

64

18. Member tribes, through resolution, designate a delegate for the purpose of
representing them in NCAI and voting on NCAI resolutions.
189

19. The Executive Council of NCAI consists of the official representative delegates
of the member tribes of the organization.
190

20. The Executive Council is the decision-making entity for the organization.
191

21. The member tribes vote on resolutions by voice vote which are usually
unanimous.
192

22. The quorum for the Executive Council is one third of the member tribes of the
organization.
193

23. The delegates attending the Executive Council vote on behalf of the tribes.
194

24. Resolutions are read out before the membership prior to the vote.
195

25. Resolutions are the policy of the NCAI.
196

26. In 1996, 206 tribes were NCAI members.
197

27. Approximately 150 tribes were members in 1993.
198

188
NCAI By-Laws (TTABVue 83, p. 42). See also Chase Dep. p. 28, Ex. 108 (TTABVue 98,
p. 34).
189
Chase Dep. p. 30.
190
Chase Dep. p. 30.
191
Chase Dep. p. 30.
192
Chase Dep. p. 42.
193
Chase Dep. p. 43, 44; By-Laws.
194
Chase Dep. p. 55.
195
Chase Dep. p. 62.
196
Chase Dep. p. 47.
197
Chase Dep. p. 54.

65

28. On January 18-19, 1993 NCAI passed resolution 93-11 which reads in pertinent
part:
NCAI is the oldest and largest intertribal organization
nationwide representative of and advocate for national,
regional, and local tribal concerns;
[T]he term REDSKINS is not and has never been one of
honor or respect, but instead, it has always been and
continues to be a pejorative, derogatory, denigrating,
offensive, scandalous, contemptuous, disreputable,
disparaging and racist designation for Native Americans
[sic] and
[T]he use of the registered service marks identified in
Exhibit B to this resolution by the Washington Redskins
football organization, has always been and continues to be
offensive, disparaging, scandalous, and damaging to
Native Americans.
199

198
The National Congress of American Indians, representing approximately 150 tribal
governments, calls it a racial slur. Statement to the [Miami] University Senate, Dr.
Britton Harwood 1993 Minutes from University Senate April 5, 1993, (TTABVue 95, p. 19).
See also The Voice (April 27, 1993) Harwood Addresses U. Senate on Redskin Issue (The
National Congress of American Indians, representing approximately 150 tribal
governments, calls it a racial slur.) (TTABVue 95, p. 29); letter from Dale Pullen to
Charlie Drayton wherein it is stated that NCAI represented 30 percent of the Native
Americans in 1992. (TTABVue 98, at 111, TTABVue 142, p. 43) (shown as the Deloria
Exhibit 35 also presented as exhibit 41 in the Chase deposition). In 1995, there were
approximately 500 recognized tribes in the United States; 150 would have been about one
third in 1993. 1995 Federal Register, respondents Notice of Reliance (TTABVue 151, pp.
57-63). Ms. Chase also testified that there were between 100 400 members at the time
the resolution was taken. Chase Dep. p. 54. See also 1992 WTOP telephone survey of tribal
leaders submitted by respondent, shows approximately 30 percent of tribal leaders found
the name offensive and wanted it changed. John Kent Cooke Dep., Ex. 6 (TTABVue 149,
pp. 43-68; TTABVue 156, pp. 11-38).
By contrast, the 1992 letters from tribal leaders submitted by respondent are purportedly
from 6 tribes and the Inter-tribal Council resolution represents 5 tribes in Oklahoma. In
addition, the letter from Mr. Roberts explicitly only references his personal belief and not
the tribes collective opinion. (TTABVue 142, p. 36) (If I were opposed to the football team
name The Washington Redskins is a team I admire Thank you for this opportunity to
express my views).
199
National Congress of American Indians Est. 1944 Resolution No. Ex DC-93-11,

66

29. This resolution represents the view of the member tribes that the word
REDSKINS has always been disparaging as used for the name of a football team,
this includes 1967-1990.
200

30. The president of NCAI is elected by the membership.
201

31. In 1972 the president of NCAI, as a representative of NCAI, met with Edward
Bennett Williams (then owner of the team) requesting that the team cease use of
the name REDSKINS because it is disparaging.
202

200
At oral hearing, in arguing that petitioners have not satisfied their burden by a
preponderance of the evidence, respondents counsel noted the absence of resolutions from
1967 to 1990. Obviously, contemporaneous resolutions, from NCAI or other organizations
or tribal bodies, would be significant evidence; however, given the evidence of record that
corroborates that the views of past perception expressed in 1993 were also held in 1967,
1972, 1974, 1978 and 1990, we find the evidence of record to be sufficient.
201
NCAI By-laws (TTABVue 83, p. 43).
202
Gross Dep. pp. 19-20 (TTABVue 79, pp. 181-182). Letter from Edward Bennett Williams
to Commissioner Rozelle (March 30, 1972) (I met with a delegation of American Indian
leaders. Among those who met with me yesterday were Leon F. Cook, President,
National Congress of American Indians.) (TTABVue 105, p. 81); Gross Dep. pp. 19-20
(TTABVue 79, pp. 181-182). See also Washington Daily News (Thursday March 30, 1972)
(From an article discussing the meeting with Edward Bennett Williams the following
excerpt After Petites fist shaking speech, Williams closed this first meeting with the
American Indians who claim his team nickname, Redskins is a racial slur. The eleven
Indian representatives included ... Leon Cook, president of the National Congress of
American Indians which claims a membership of 300,000; Dennis J. Banks, national
chairman of the American Indian Movement. (emphasis added) (TTABVue 48, p. 33); The
Washington Post (Thursday March 30, 1972) (A DELEGATION OF 11 people representing
a variety of Indian organizations ... Among the group ... requesting that the derogatory
racial epithet Redskins be banished from the Washington sports scene were ...Leon Cook,
president of the National Congress of American Indians which claims a membership of
350,000 Indians, according to the protesting groups informal leader, Harold Gross, an
attorney for another Indian organization.) (emphasis added) (TTABVue 48, pp. 85-86).
Harold Gross testified that he worked for NCAI in 1969 and would have first-hand
knowledge as to the membership in that time period. Gross Dep. p. 37 (TTABVue 79, p.
199).

67

32. In 1972, the president of NCAI, along with others, requested that the
derogatory racial epithet Redskins be withdrawn as a team nickname .
203

33. In 1972, NCAI represented approximately 300,000 Native Americans out of
approximately 792,730.
204

34. NCAI has been in existence since 1944 and between 1972 and 1993, a span of
twenty years, the record shows that NCAI has represented approximately one third
of Native Americans. It is reasonable to infer that NCAI represented approximately
one third of Native Americans merely five years earlier in 1967.
35. NCAI objected to respondents use of the word REDSKINS in the late 1960s.
205

36. NCAI objected to respondents use of the word REDSKINS in 1972.
206

207

208

203
Recommendations to the Washington, D.C. Professional Football Team (TTABVue 77,
p. 9). Some of the others included Ron Aquilar, President of the Washington Chapter
National Indian Youth Council. Mr. Aquilar, in his capacity as President of the
Washington Chapter National Indian Youth Council sent a letter to the Washington
Redskin Football Team objecting to the team name REDSKINS. (I dont see why it is so
hard for people to understand why the word Redskin is a racial slur, therefore degrading.
This fact is established by the everyday racism towards my people ... Regardless of whether
the word insults ten of us or ten thousand of us that is not the point.) (TTABVue 77, p. 17).
204
Washington Daily News, supra, The Washington Post, supra; Gross Dep., supra. See
also letter from Billy Kevin Gover, a Comanche Indian from Oklahoma, dated July 18,
1972, also indicating 300,000 Native Americans object to the name REDSKINS. (TTABVue
77, p. 6). Historical Census Statistics on Population Totals by Race, supra.
205
Lakota Times (TTABVue 71, p. 89). See also NCAI Sentinel (1969) (TTABVue 48, pp. 80-
82).
206
Gross Dep. pp. 19-20 (TTABVue 79, pp. 181-182).
207
Michigan Civil Rights Commission Report (October 1988) (The National Congress of
American Indians, the oldest and largest national Indian group in the U.S. also supports
this organizations [Fans Against Indian Racism] efforts to have the Washington teams
name changed.) (TTABVue 91, p. 101).

68

CONCLUSIONS
As noted above, as was found in the Harjo case, both by the Board and the
District Court, and conceded by respondent, the meaning of the matter in
question, retains the core meaning Native American when used as the name of
respondents sports team. More specifically, the term redskin(s) as used by
respondent in its registered marks when used in connection with professional
football retains the likely meaning Native Americans. Much of respondents
evidence is directed to the first part of the test. Respondents argument regarding
secondary meaning in the sense that it has a secondary or alternate meaning
denoting a football team, is not persuasive in that the secondary meaning has not
stripped the word redskins of its ethnic meaning.
209
See Squaw Valley, at 1282
(emphasis added) (Squaw Valley ski resort meaning of squaw is likely meaning
rather than the meaning of Native American woman or wife).
210

We turn then to the second question, was the meaning one that may have
disparaged a substantial composite, which need not be a majority, of Native
Americans, at the times of the registrations. The crux of this case is whether or not
this record supports petitioners contention that the answer to that question is yes.

208
Lakota Times (March 4, 1992) (D.C. council to consider Redskins protest) (TTABVue
71, p. 71); Lakota Times (September 16, 1992) (Action taken to chop Redskins trademark)
(TTABVue 71, p. 89); The Circle (October 1992) (National Coalition Challenges Federal
Trademark Registrations).
209
Pet'rs' Br. p. 26 n. 94.
210
We further note that there was no evidence of use of Native American indicia in
connection with the term squaw when used with ski-related goods. Squaw Valley, 80
USPQ2d at 1279.

69

Respondent contends that it does not and characterizes the record as, at most,
showing a handful of individuals (the Harjo petitioners, the current petitioners, the
letter writers, a few individuals from various organizations) who have their own
individual opinion. Such a characterization, however, ignores, and is contradicted
by the substantial evidence of record.
NCAI Resolution 93-11 represents the views of a substantial composite of
Native Americans. NCAI consists of member tribes from across the United States
and they voice their collective opinion through the Executive Council by resolutions.
A resolution from the oldest Native American organization composed of tribes from
across the United States and structured in a manner to represent the collective
opinion of its membership through resolutions is strong evidence of the views of
Native Americans.
211
The NCAI members throughout the relevant time period
represent approximately 30 percent of Native Americans.
212

211
This type of evidence is particularly useful here where the claim pertains to the views of
a group rather than just an individual opinion.
The dissent points to Native American use of Indian imagery for sports teams. However,
the evidence of various instances where predominantly Native American schools or groups
have adopted other designs and/or words referencing Native Americans and/or Native
American culture in connection with the schools or sports teams, has no relevance to the
use of the word Redskins. E.g., Haskell Indian Nations University displaying an Indian
head logo. The title of the newspaper article relied on by the dissent, in fact, supports the
majority position: Chop is spreading, but Indians Disagree on What is Offensive Most
Decry Redskins Nickname. Star Tribune (Minn.), Nov. 1, 1991, at 2B, petitioners Notice
of Reliance Ex. 20 (TTABVue 71, pp. 21, 33-35). In any event, the fact that differences of
opinion exist within the group does not obviate a claim of disparagement. Heeb, 89
USPQ2d at 1077 (Although some in the community may not find it disparaging, as noted
above, the evidence shows that there is a substantial component of those in the named
group who do.).
212
As discussed supra, the record clearly points to specific numbers throughout the time
period. Therefore, the dissents statement at being astound[ed] that the petitioners did not
submit any evidence regarding the Native American population during the relevant time

70

The statement about Native Americans past views of the word REDSKINS in
the 1993 resolution is corroborated by the meeting held with the former owner
Edward Bennett Williams in 1972. At the meeting, the president of NCAI at the
time, Mr. Leon Cook, represented that Native Americans find the term REDSKINS
to be a racial slur. Respondent characterizes Mr. Cooks views as solely his own and
opines that he merely represented himself at this meeting. The president of NCAI
is elected by the membership to represent them. It is unreasonable and illogical to
characterize the views regarding something of importance to the members of an
organization as only belonging to that individual president where he is attending in
his capacity as the president of that organization. It is equally unreasonable and
illogical to reduce Mr. Cooks representative capacity in such a manner. His
attendance at this meeting was, not surprisingly, referenced as representing an
Indian organization, both by the press and by Mr. Williams himself.
213

The trend in dictionary usage labels also corroborates the time frame of
objections from Native Americans starting in the late sixties and continuing

frame and characterization of the evidence as a house of cards, is simply incorrect.
Moreover, taking judicial notice of the U.S. Census population statistics did not require any
gyrations. As noted earlier, while more evidence would provide more support, the existing
record shows, by a preponderance of the evidence, that a substantial composite of the
referenced group found the term disparaging during the relevant time period when used in
connection with respondents services and respondent has not rebutted that showing by
providing a handful of examples of some members of the referenced group holding a
different opinion. Heeb, 89 USPQ2d at 1070. See also West Fla. Seafood, Inc. v. Jet
Restaurants, 31 USPQ2d at 1663 (Board should look at evidence as a whole to recognize
clear interrelationships existing between the several pieces of evidence submitted.)
213
Mr. Williams appropriately refers to them as a delegation of American Indian
leaders. Letter from Edward Bennett Williams to Commissioner Pete Rozelle (March 30,
1972), (TTABVue 105, p. 81). See also Washington Post (March 30, 1972) (TTABVue 48, pp.
85-86).

71

through the nineties as lexicographers begin and finally uniformly label the term as
offensive or disparaging.
214
The recognition that this racial designation based on
skin color is disparaging to Native Americans is also demonstrated by the near
complete drop-off in usage of redskins as a reference to Native Americans
beginning in the 1960s.
The record establishes that, at a minimum, approximately thirty percent of
Native Americans found the term REDSKINS used in connection with respondents
services to be disparaging at all times including 1967, 1972, 1974, 1978 and 1990.
Section 2(a) prohibits registration of matter that disparages a substantial
composite, which need not be a majority, of the referenced group. Thirty percent is
without doubt a substantial composite. To determine otherwise means it is
acceptable to subject to disparagement 1 out of every 3 individuals, or as in this
case approximately 626,095 out of 1,878,285 in 1990.
215
There is nothing in the
Trademark Act, which expressly prohibits registration of disparaging terms, or in

214
See Chicago Tribune (May 21, 1992) (In pros or preps, Redskins a slur And let
there be no doubt that redskin is a vile word. Contemporary dictionaries acknowledge it
as a disparaging and offensive slang term) (TTABVue 71, p. 82).
215
Historical Census Statistics on Population Totals by Race, supra. In this regard we
note that, in commenting on the results of the WTOP survey where 28 percent of tribal
leaders voiced objection to the word REDSKINS for the name of a football team, Mr.
Vaughn, as an employee of respondent, voiced the opinion that it was a favorative [sic]
response to the name the Redskins being used by the Washington football team among
citizens of this area and also among Native Americans. Vaughn Dep. p. 70 (TTABVue 158,
p. 73). This indicates an acceptance by respondent of the possibility of disparaging
approximately one third of Native Americans. Respondents argument, contrary to
established precedent, that a substantial composite should be a majority of the referenced
group reflects this attitude, i.e., that it is acceptable to disparage up to forty-nine percent of
Native Americans. Resp. Br. p. 21. This is clearly in direct contradiction to the legal test
enunciated by our primary reviewing court and as set forth in our pretrial order.

72

its legislative history, to permit that level of disparagement of a group and,
therefore, we find this showing of thirty percent to be more than substantial.
Respondent has introduced evidence that some in the Native American
community do not find the term Redskin disparaging when it is used in connection
with professional football. While this may reveal differing opinions within the
community, it does not negate the opinions of those who find it disparaging. The
ultimate decision is based on whether the evidence shows that a substantial
composite of the Native American population found the term Redskins to be
disparaging when the respective registrations issued. Heeb Media LLC, 89 USPQ2d
at 1077. Therefore, once a substantial composite has been found, the mere
existence of differing opinions cannot change the conclusion.
In view of the above, petitioners have shown by a preponderance of the
evidence that a substantial composite of Native Americans found the term
REDSKINS to be disparaging in connection with respondents services during the
relevant time frame of 1967-1990. Accordingly, the six registrations must be
cancelled as required under Sections 2(a) and 14(3) of the Trademark Act.
216

216
The District Court also expressed concern that the Board was silent as to whether it
paid cautious heed to the admonition that in proceedings where a party has waited longer
to bring a cancellation petition, that party has a very serious burden of making its case,
even though the standard of proof is not technically different and remains a preponderance
of the evidence. Pro-Football, Inc. v. Harjo, 68 USPQ2d at 1246. As stated in Rockwood
Chocolate Co., Inc. v. Hoffman Candy Co., 152 USPQ at 601, the Board exercises due
caution in making a determination to cancel a registration, in particular, registrations that
have existed for decades. We note, however, that although the first attempt to cancel the
registrations did not occur until 1992, the out of court challenge to use of the marks in the
six registrations, based on this record, has been ongoing for several decades. Respondent
was not blindsided by either Harjo or this proceeding, but merely faces the inevitable use
by petitioners of a predictable legal option, employed after requests and protests did not
result in discontinuation of the use and registration of the term REDSKINS.

73

LACHES DEFENSE
In Harjo v. Pro Football, Inc., 30 USPQ2d 1828, the Board held that
respondents laches defense was not applicable because there was a public policy
interest at stake rather than just the petitioners personal interest.
[T]here exists a broader interest an interest beyond the
personal interest being asserted by the present
petitioners in preventing a party from receiving the
benefits of registration where a trial might show that
respondents marks hold a substantial segment of society
up to public ridicule, [and] we will not deny petitioner the
right to attempt to make their case by allowing
respondents equitable defenses [laches].
Id. at 1831.
On appeal, however, the U.S. District Court for the District of Columbia
reversed the Board and held that the Trademark Act does not unequivocally bar
respondents laches defense and permitted respondent to assert laches as an
affirmative defense. Pro-Football, Inc. v. Harjo, 57 USPQ2d at 1145, affd, 75
USPQ2d at 1527. Nevertheless, the District Court noted that the applicability of
laches is dependent upon the equities of the factual scenarios within which it is
raised. 57 USPQ2d at 1145. In the order issued in this case on May 31, 2011, the
Board stated that [b]ecause this cancellation proceeding is essentially a
relitigation of what transpired in the Harjo case before the Board, we will follow the
precedent of the D.C. Circuit Court of Appeals in Pro-Football, Inc. v. Harjo, 75
USPQ2d at 1527 in allowing the defense of laches in this case and to the extent

74

that petitioners maintain that laches does not provide a defense to a disparagement
claim, this issue is preserved for appeal.
217

The America Invents Act, enacted in September 2011, changed the venue for
appeals to District Court from USPTO inter partes proceedings to the U.S. District
Court for the Eastern District of Virginia from the U.S. District Court of the District
of Columbia. See Pub. L. No. 112-29 9(a), 125 Stat. 284 (2011) (to be codified at 15
U.S.C. 1071(b)(4)). Accordingly, subsequent judicial review of this dispute, if any,
will occur either in the U.S. District Court for the Eastern District of Virginia in the
Fourth Circuit or in the Court of Appeals for the Federal Circuit, but not in the D.C.
Circuit. In view thereof, petitioners filed a motion to reconsider the legal standard
for laches in light of the America Invents Act.
218

Although the Board earlier ordered that any motion or brief including a re-
argument of a previously decided issue in this proceeding will be deemed to be a
nonconforming brief and will be given no consideration,
219
and specified that the
decision in the May 31, 2011 Order regarding laches was a final decision on the
applicability of the defense, we find that the passage of the America Invents Act
sufficiently changes the circumstances in this case so as to justify revisiting the
issue.
We hold that laches does not apply to a disparagement claim where the
disparagement pertains to a group of which the individual plaintiff or plaintiffs

217
Boards May 31, 2011 Order, p. 12 n.6 (TTABVue 40) (internal quotations omitted).
218
TTABVue 178.
219
May 5, 2011 Order, p. 4 (TTABVue 39).

75

simply comprise one or more members. First, laches is an equitable defense. A.C.
Aukerman Co. v. R. L. Chaides Constr. Co., 960 F.2d 1020, 22 USPQ2d 1321, 1328
(Fed. Cir. 1992) (en banc). It is difficult to justify a balancing of equities where a
registrants financial interest is weighed against human dignity. To apply laches to
this type of claim contemplates the retention on the register of a mark determined
by the Board to be a racial slur, in blatant violation of the Trademark Acts
prohibition against registration of such matter, merely because an individual
plaintiff unreasonably delayed in filing a petition to cancel. For example, if Reg.
No. 217,067, renewed in 1946 for twenty years, i.e., until 1966, for the mark
NIGGER BABY BRAND for oranges and grapefruit were still active, individual
members of the group referenced by such matter would be barred from seeking
cancellation if they unreasonably delayed in seeking such relief.
220
We add that
the decision of the Court of Appeals for the District of Columbia Circuit, even
though it countenanced application of laches in the Harjo decision, actually provides
support for not applying the doctrine in cases such as this. If plaintiffs are created
every day as individual members of the referenced group mature to age 18, the
laches defense will never yield the registrant of a racial slur the repose it seeks.
221

Second, courts and the Board have routinely held that where there is a
broader public policy concern at issue, the equitable defense of laches does not
apply. See Ultra-White Co. v. Johnson Chem. Indus., Inc., 465 F.2d 891, 175 USPQ

220
TTABVue 61, p. 38.
221
As succinctly expressed in Ms. Whiteheads 1993 letter, this is an issue that will not go
away. Petitioners Notice of Reliance Ex 5 (TTABVue 67, p. 130).

76

166, 167 (CCPA 1972) (public interest in preventing likelihood of confusion prevails
over a laches defense); Linville v. Rivard, 41 USPQ2d 1731, 1733 n. 5 (TTAB 1997),
affd on other grounds, 133 F.3d 1446, 45 USPQ 1374 (Fed. Cir. 1998) (laches is
unavailable against abandonment); Bausch & Lomb, Inc. v. Leupold & Stevens Inc.,
1 USPQ2d 1497, 1499 (TTAB 1986) (laches is not available against a claim of
descriptiveness or fraud); Intl Assn. of Fire Chiefs, Inc. v. H. Marvin Ginn Corp.,
225 USPQ 940, 947 (TTAB 1985), revd on other grounds, 782 F.2d 987, 228 USPQ
528 (Fed. Cir. 1986) (laches is not available where the petition to cancel is based on
genericness of the registered matter because it would frustrate Section 14(c) of the
Trademark Act that a registered mark may be cancelled at any time on the ground
that it is generic); W.D. Byron & Sons, Inc. v. Stein Bros. Mfg. Co., 146 USPQ 313,
316 (TTAB 1965), affd, 377 F.2d 1001, 153 USPQ 749 (CCPA 1967) (laches is not
available to a defendant in a proceeding wherein, as here, the adverse party is
claiming in essence that the mark in question inherently cannot function as a
trademark because it is within the public interest to have registrations which are
void ab initio stricken from the register and this interest or concern cannot be
waived by the inaction of a single person or concern, no matter how long the delay
persists.); Midwest Plastic Fabricators, Inc. v. Underwriters Laboratories, Inc., 5
USPQ2d 1067, 1069 (TTAB 1987) (laches does not apply against a claim that
respondent does not control the use of a certification mark because of the public
interest in making sure that certification marks are properly controlled); compare
Bridgestone/Firestone Research Inc. v. Auto. Club, 245 F.3d 1359, 58 USPQ2d 1460,

77

1463-64 (Fed. Cir. 2001) (laches may be an affirmative defense against a Section
2(a) false suggestion of a connection claim because it is designed to protect a single
person or institution from exploitation of their persona, not to protect the public or a
broader group).
In this case, it cannot be disputed that there exists a broader public interest
than that of the individual petitioners in preventing respondent from receiving the
benefits of registration because respondents marks may have disparaged a
substantial composite of Native Americans at the time. The fact that this claim
falls within the category of claims that pertain to a broader public interest is made
clear by the elements of the claim that plaintiffs must prove, i.e., that a substantial
composite of the referenced group find the term to be disparaging. Thus, there is an
overriding public interest in removing from the register marks that are disparaging
to a segment of the population beyond the individual petitioners.
While the Fourth Circuit has not addressed whether laches applies to a claim
that a term disparages a substantial composite of an ethnic or cultural group, the
decisions of the Fourth Circuit prohibiting laches when confusion is inevitable
suggest that the Fourth Circuit would prohibit the affirmative defense of laches in
this case. See Sara Lee Corp. v. Kayser-Roth Corp., 81 F.3d 455, 38 USPQ2d 1449,
1453 (4th Cir. 1996) (in consideration of the public interest, estoppel by laches may
not be invoked to deny injunctive relief if it is apparent that the infringing use is
likely to cause confusion.). In Sara Lee, the Fourth Circuit reversed the lower
District Court because the court did not consider the public interest in avoiding

78

confusion. Id.; see Lyons Pship L.P. v. Morris Costumes Inc., 243 F.3d 789, 58
USPQ2d 1102, 1108 (4th Cir. 2001); Resorts of Pinehurst, Inc. v. Pinehurst Natl
Corp., 148 F.3d 417, 47 USPQ2d 1465, 1469 (4th Cir. 1998) (strong proof of
likelihood of confusionindeed, actual confusiontrumps the defenses of laches
and acquiescence.).
However, if it was held in any appeal from this decision that the doctrine
were to apply, to prevail on its laches defense, respondent must prove that there
was undue or unreasonable delay by each of the petitioners in filing the petition for
cancellation, and prejudice to respondent resulting from the delay.
Bridgestone/Firestone v. Auto. Club, 58 USPQ2d at 1462; see also A.C. Aukerman
Co., 22 USPQ2d at 1328) (there are two elements to laches: (i) unreasonable and
inexcusable delay and (ii) prejudice or injury to the defendant). The application of
laches depends on a balancing of the length of the delay and the seriousness of the
prejudice with a focus on the reasonableness of the delay. Id. at 1329.
On this record, we find that respondent has not shown (1) that any one of the
plaintiffs has unreasonably delayed in bringing the petition to cancel, in view of the
pending Harjo litigation because the pendency of that case in court excused
inaction; (2) that the 11 and 15 month delays by plaintiffs Tsotigh and Pappan were
inexcusable or unreasonable; or (3) that is has been prejudiced, i.e., that there has
been economic prejudice due to the delay.

79

Amanda Blackhorse turned 18 on February 20, 2000.
222
Phillip Martin Gover
turned 18 on October 1, 2000.
223
Courtney Tsotigh turned 18 on August 22, 2005.
224

Marcus Briggs-Cloud turned 18 on December 31, 2001.
225
Jillian Pappan turned 18
on May 9, 2005.
226
The pending Harjo litigation provided excusable delay at least
until June 2008, i.e., for the entire period that case was pending, until the District
Court issued its final opinion on the issue of laches as to one plaintiff.
227
In 2005,
the D.C. Circuit retained jurisdiction over the case, including the pending appeal of
the decision on the disparagement claim, and remanded the case to the District
Court to apply the defense of laches, incorporating the age of majority requirement,
to one plaintiff. Pro-Football Inc. v. Harjo, 415 F.3d 44, 75 USPQ2d 1525, 1529
(D.C. Cir. 2005); Pro-Football Inc. v. Harjo, 567 F. Supp. 2d 46, 87 USPQ2d 1891,
1893 (D.D.C. 2008). However, the appeal of the disparagement claim was never
addressed by the D.C. Circuit apparently because it was overshadowed by the
defense of laches. Pro-Football v. Harjo, 565 F.3d 880, 90 USPQ2d 1593, 1594
(D.C. Cir. 2009). After the District Court found laches applied to the remaining
plaintiff, that decision was appealed and the D.C. Circuit narrowed its decision to
only that issue.

222
Blackhorse Dep. 7:16-18 (TTABVue 122, p. 15).
223
Gover Dep. 11:10-12 (TTABVue 120, p. 17).
224
Tsotigh Dep. 23:2-18 (TTABVue 115, p. 29).
225
Briggs-Cloud Dep. 41:5-6 (TTABVue 110, p. 47).
226
Pappan Dep., p. 80:20-22 (TTABVue 112, p. 84).
227
As discussed supra, the District Court had earlier found laches as to all the Harjo
plaintiffs, but the D.C. Circuit remanded for further consideration as to one plaintiff.

80

Notwithstanding the pending Harjo litigation, Pappan and Tsotigh were
young adults and were entitled to assess the situation and determine whether it
was in their best interest to file the petition for cancellation and then act in
accordance with that assessment. Respondent has shown nothing more than a
minimal delay in seeking cancellation. In this regard, respondent has not cited, nor
have we found, any cases supporting such a minimal delay as being sufficient to
support laches. See Piper Aircraft Corp. v. Wag-Aero, Inc., 741 F.2d 925, 223 USPQ
202, 207 (7th Cir. 1984) (We note that two years has rarely, if ever, been held to be
a delay of sufficient length to establish laches.).
As of 1999, when the Board issued its decision in Harjo to cancel the
registrations, the status of those registrations was in question up until, at least, the
District Courts decision on remand in 2008. Throughout this time, as the record
demonstrates, respondent continued to invest and build its brand. Respondents
evidence of purported economic prejudice covers the alleged delay period 2000-
2006/7 which is concurrent with the pending Harjo litigation. Thus, it is impossible
to distinguish the possible monetary or investment loss that might have
accompanied ultimately losing the Harjo case from losses that might be incurred as
a result of ultimately losing the subsequent Blackhorse case filed during the
pendency of the Harjo litigation. Clearly respondent was not deterred by Harjo
from investing in its brand, and an adverse decision in the present litigation would
not have prevented respondents loss of monetary investments had the current
plaintiffs brought their suit earlier, inasmuch as it still would, of necessity, have

81

been after Harjo began in order for them to reach the age of majority. While specific
evidence of reliance is not required to show prejudice, there must be some nexus
between a delay in filing the suit and the expenditures. A.C. Aukerman Co. v. R. L.
Chaides Construction Co., 22 USPQ2d at 1329. There is nothing in the record to
indicate that respondents business decisions regarding investment in its brand and
marks has been influenced in any way by the pendency of this cancellation
proceeding.
In view of the above, respondents invocation of the laches defense fails.
Decision: The petition for cancellation is granted.

Bergsman, Administrative Trademark Judge, dissenting:
I respectfully dissent from the majoritys decision to grant the petition on the
claim of disparagement because the dictionary evidence relied upon by the majority
is inconclusive and there is no reliable evidence to corroborate the membership of
National Council of American Indians.
To be clear, this case is not about the controversy, currently playing out in
the media, over whether the term redskins, as the name of Washingtons
professional football team, is disparaging to Native Americans today. The
provisions of the statute under which the Board must decide this case 2(a) and
14(3) of the Trademark Act, 15 U.S.C. 1052(a) and 1064(3) require us to answer
a much narrower, legal question: whether the evidence made of record in this case
establishes that the term redskins was disparaging to a substantial composite of

82

Native Americans at the time each of the challenged registrations issued.
228
See
generally Consorzio del Proscuitto di Parma v. Parma Sausage Prods., Inc., 23
USPQ2d 1894, 1898-99 (TTAB 1992) (discussing the language of Lanham Act
14(3) and explaining that the registration was obtained language Congress used
to specify when a registration for a mark may be cancelled under the enumerated
statutory provisions, such as 2(a), shows an intent that only if it should not have
issued in the first place should a registration more than five years old be
cancelled).
The new petitioners here have filed a petition to cancel the same
registrations on one of the same grounds asserted in the Harjo cancellation
proceeding originally filed with the Board. Not only is this claim the same as one in
the Harjo cancellation proceeding, but the evidence relating to whether the term
redskins was disparaging to Native Americans during the relevant time period
predominantly is the same as well. As noted by the majority, in this case the new
petitioners re-submitted most of the same evidence that the Harjo petitioners
submittedevidence which the district court previously ruled was insufficient to
support an order to cancel the challenged registrations as disparaging. The
evidence from Harjo was augmented by depositions of the individual petitioners

228
Nor is this case about whether respondent may continue to use the term redskins as
the name of a professional football team. As observed by the majority, our jurisdiction is
limited to deciding only whether the marks that are the subject of this proceeding may
continue to be registered. We have no authority to compel parties to cease use of marks.

83

here, each of whom testified that they found the term redskins in the challenged
marks offensive.
229

Thus, beyond the statutory constraint that the Board can decide only
whether the marks can remain registered, the Boards decision also is constrained
by the evidence placed before it. The new petitioners in this proceeding made the
decision to simply re-use the trial record from the previous Harjo litigation, without
substantial augmentation. The D.C. Circuit Court of Appeals did not overturn the
district courts ruling in Harjo II that the evidence introduced at the Board in the
Harjo cancellation proceeding was insufficient to support the Boards decision in
that case. Nor has the passage of time aided what could be described as a stale
record. The consequence of petitioners decision to rely on the same evidence
previously found insufficient to support cancellation without substantial
augmentation is that the evidence before the Board in this case remains insufficient
as well.
By this dissent, I am not suggesting that the term redskins was not
disparaging in 1967, 1974, 1978, and 1990 (the registration dates at issue). Rather,
my conclusion is that the evidence petitioners put forth fails to show that it was.
THE RECORD
The evidence submitted by petitioners can most charitably be characterized
as a database dump. Despite the fact that the Board conducted a case management
conference and issued an order to clarify the applicable law prior to trial to allow

229
The petitioners did not resubmit the depositions of the Harjo petitioners in this case.

84

the parties to focus their testimony and evidence on facts relevant to the legal
issues,
230
petitioners submitted the entire Harjo file and even lodged objections to
the evidence that they submitted. There was no order or structure to petitioners
evidence that told a compelling story or presented a coherent case. One need look
no further than gyrations the majority employed to establish the membership of the
National Council of American Indians. It is astounding that the petitioners did not
submit any evidence regarding the Native American population during the relevant
time frame, nor did they introduce any evidence or argument as to what comprises a
substantial composite of that population thereby leaving it to the majority to make
petitioners case have some semblance of meaning.
DISPARAGEMENT CLAIM
Expert Reports
As noted above, Dr. Geoffrey Nunberg, Dr. Ronald Butters, and David K.
Barnhart were qualified as expert witnesses in linguistics, none of whom
specifically researched the Native American viewpoint of the word redskin(s) in
connection with football-related services during any time period.
231
Despite the fact
that the issue before us is how Native Americans perceive the term Redskins, we
are presented with the expert testimony of three non-Native American men opining
on how other presumptively non-Native American men and women (i.e., the
editorial staff of dictionary publishers) perceive the term Redskins.

230
May 31, 2011 order summarizing pretrial conference (TTABVue 40). Petitioners also
resubmitted the Ross Survey which the Board and the district court both held had little, if
any, probative value.
231
See supra note 49.

85

The majority notes that when Mr. Barnhart was asked whether the term
darky is derogatory, he said that [d]epending on the context, yes.
232
Likewise,
we must determine how Native Americans perceive the term Redskins when used
in connection with the name of a football team. In this regard, the record includes
evidence, albeit one example after the relevant time period, regarding Native
Americans using the term Redskins to identify the name of their sports teams.
The record includes the following material:
a. A sign at a Navajo Indian Reservation school: Red Mesa High School
Home of the Redskins, with the photograph taken in 1989 and sent by Robert D.
Kahn to Jack Kent Cooke on November 4, 1991;
233
and
b. A sports article in the April 30, 2010 issue of the Seminole Tribune
(Fla.), referencing the Lady Redskins as one of the teams involved in a tribal
basketball tournament.
234
To the extent that post-1990 evidence has any relevance,
it shows Native Americans using the term Redskins in a prideful way to identify
their teams.
235

We can imply from the use of Redskins by Native Americans in connection
with the name of sports teams that the context in which Redskins is used changes

232
Barnhart Dep., pp. 71-72 (TTABVue 159, pp. 74-75).
233
Letter from Robert D. Kahn to Jack Kent Cooke (Nov. 4, 1991), Respondents Notice of
Reliance, Ex. 33 (TTABVue 143, pp. 6-8).
234
Marcus Anthony Briggs-Cloud Dep. 67:20-68:14, 72:14-73:18, June 23, 2011 (TTABVue
121, pp. 73-74, 78-79); Briggs-Cloud Dep. Ex. 3 (Chris C. Jenkins, Son, Daughter Celebrated
in Memorial Tourneys, SEMINOLE TRIBUNE (FLA.), Apr. 30, 2010, at 1C) (TTABVue 121, p.
24).
235
As noted above, this evidence was introduced into the record by petitioners because they
believed it was relevant.

86

the perception of the term. Thus, for example, when a dictionary usage label says
often offensive, the usage label would not encompass use of the term Redskins in
connection with a team name because that would not be offensive to Native
Americans who identify their teams with the name Redskins.

See the discussion
about dictionary usage labels infra.
Petitioners also introduced testimony and evidence regarding Native
Americans using other references to Native Americans and Native American
imagery in connection with sports teams. This testimony and evidence introduced
into this record by petitioners is relevant to show that the commercial impression or
perception of a term or image changes in connection with its use. For example, the
record includes the following:
a. A sign at a Navaho Indian Reservation school: Round Rock Public
School Fighting Braves with an Indian logo, with comments on the back of the
photograph indicating that the image was captured on June 10, 1994;
236

b. A sign at a Navajo Indian Reservation school: Tuba City High
Warriors with an Indian head logo, with comments on the back of the photograph
indicating that the image was captured on June 10, 1994;
237

c. An article in the November 1, 1991 issue of the Star Tribune
238

reported the following:

236
Respondents Notice of Reliance, Ex. 37 (TTABVue 143, pp. 15-16).
237
Respondents Notice of Reliance, Ex. 38 (TTABVue 143, pp. 17-18).
238
Pat Doyle, Chop is Spreading, but Indians Disagree on What is Offensive Most Decry
'Redskins Nickname, STAR TRIBUNE (Minn.), Nov. 1, 1991, at 2B, Petitioners Notice of
Reliance, Ex. 20 (TTABVue 71, pp. 21, 33-35).

87

[A]ttempts by the Department of Education to order all
schools to discard Indian nicknames failed because
leading tribal officials objected. They said schools with
large Indian enrollments often took pride in the names.
The tribal leaders cited Mahnomen High School, where
the enrollment is 39 percent Indian. Its located within
White Earth reservation boundaries. Mahnomens
nickname is Indians;
d. The website of the Omaha Nation public school system
239
displaying
the legend Home of the Chiefs & Lady Chiefs, featuring teepees and an Indian
head logo, and providing issues of its online publication, Chief Times;
240

e. A webpage from the Haskell Indian Nations University displaying an
Indian head logo;
241

f. Various Native American images are shown as logos for Flandreau
Indian School, a Bureau of Indian Affairs boarding school located in Flandreau,
South Dakota.
242

239
The Omaha are a Native American tribe and the Omaha Nation public schools are
located in Macy, Nebraska. Briggs-Cloud Dep. 174:6-18 (TTABVue 120, p. 180); Gover Dep.
Ex. 18 (Welcome to the Home of the Chiefs & Lady Chiefs, Omaha Nation Public Sch.
website) (printed June 10, 2011) (TTABVue 118, pp. 49-51).
240
Gover Dep. Ex. 19 (Chief Times, vol. 1, issue 17, Omaha Nation Public Sch. website)
(printed June 10, 2011) (TTABVue 118, pp. 52-55). Petitioner Phillip Gover testified that
he was not aware of the school or the schools team name. Gover Dep. 173:4-173:17
(TTABVue 120, pp. 178-79).
241
Blackhorse Dep. Ex. 2 (Haskell Logos, Haskell Indian Nations Univ. website) (printed
June 19, 2011) (TTABVue 123, p. 29); Blackhorse Dep. 39:22-40:8, June 22, 2011 (TTABVue
122, pp. 47-48). Haskell Indian Nations University is located in Lawrence, Kansas.
Blackhorse Dep. 26:12-13 (TTABVue 122, p. 34).
242
Pappan Dep. 16:8-16, 36:13-14, 73:19-76:6, Aug. 11, 2011 (TTABVue 112, pp. 20, 40, 77-
80), Pappan Dep. Exhibits 4-6 (TTABVue 113, pp. 27-29). A Bureau of Indian Affairs school
means 100 percent Native Americans attend this school. Pappan Dep. 46:15-18.

88

The Flandreau Indian Schools nickname is the Indians and, as shown by the
image above, the school has an Indian head logo.
243
The Flandreau Indian Schools
girls basketball team is nicknamed the Lady Indians and another team in its
league is nicknamed the Mighty Braves;
244
and
g. The Sherman Indian High School, a Bureau of Indian Affairs school
located in Riverside, California,
245
has an Indian head logo, shown by the image
below:
246

The schools nickname is the Braves.
247

243
Pappan Dep. 60:20-25 (TTABVue 112, p. 64); Pappan Dep. Exhibits 4-6 (TTABVue 113,
pp. 27-29).
244
Pappan Dep. 76:15-21 (TTABVue 112, p. 80).
245
Pappan Dep. 37:2-10, 46:13-18 (TTABVue 112, pp. 41, 50).
246
Pappan Dep. Ex. 2 (TTABVue 113, p. 25).
247
Pappan Dep. 43:24-44:13, 54:24-57:24 (TTABVue 112, pp. 47-48, 58-61).

89

Petitioner Jillian Pappan, a Native American of the Omaha Tribe of Macy,
Nebraska,
248
provided the following testimony regarding the use of Native American
imagery in connection with sports teams:
The Sherman Indian School logo is an attempt by a
Native American school to show their pride, to show their
honor, and I say attempt because there are people that
will misuse it.
* * *
The Sherman Indian School, I understand that they want
to preserve heritage and preserve culture and its a good
idea but at the end of the day thats not the way to do
it.
249

The record does not show any evidence or testimony of any actual effort, past
or present, at any of the named Native American schools to have the Indian
namesakes or imagery changed as school nicknames and logos. Based on this
record, there is a difference between what petitioners linguistic expert concludes
regarding the meaning of the term Redskins and the empirical evidence regarding
how Native Americans use that term in connection with name of sports teams.
Dictionary Usage Labels for Redskins Entries
Keeping in mind that Registration No. 0836122 for the mark THE
REDSKINS (stylized), shown below, issued September 26, 1967,

248
Pappan Dep. Ex. 1: Resp. to Respondents First Set of Interrogs., No. 3, at 6 (TTABVue
113, p. 9).
249
Pappan Dep. 59:24-60:4, 60:11-15 (TTABVue 112, pp. 63-64).

90

Registration No. 0978824 for the mark WASHINGTON REDSKINS, in typed
drawing form, issued February 12, 1974, Registration No. 0986668 for the mark
WASHINGTON REDSKINS and design, shown below, issued June 18, 1974,

Registration No. 0987127 for the mark THE REDSKINS and design, shown below,
issued June 25, 1974, and

Registration No. 1085092 for the mark REDSKINS, in typed drawing form, issued
February 7, 1978, let us examine the survey of dictionary usage labels.
The majority references the dictionary research conducted by Mr. Barnhart.
He found no restrictive usage labels for the term redskin in any dictionaries prior
to 1965. Beginning in 1966 Mr. Barnharts dictionary entries start to include usage
labels indicating the term is offensive. See Random House Unabridged (1st ed.
1966). However, the record includes a copy of the 1967 Random House Unabridged
Dictionary. There is no copy of the 1966 edition. Thus, at the time Registration No.
0836122 registered, there was purportedly only one dictionary with a usage label

91

that stated the term Redskin is often offensive, meaning that it is not always
offensive and leaving open the possibility that Redskins is not considered offensive
when used in connection with the name of a football team.
According to Mr. Barnharts survey, between 1966 and 1979, only one
additional dictionary published a negative usage label regarding the term
Redskin; that is, the Thorndike-Barnhart Intermediate Dictionary (1974), noting
that the word redskin is often considered offensive.
250
Thus, at the time
Registration Nos. 0978824, 0986668, 0986668, and 1085092 registered, there were
two dictionaries with usage labels stating that the term Redskin is often
offensive, again meaning that it is not always offensive and leaving open the
possibility that Redskins is not considered offensive when used in connection with
the name of a football team.
Based on the above-noted evidence, the majority found that there is a clear
trend beginning in 1966 to label this term as offensive. However, at the relevant
times (1967, 1974 and 1978), that clear trend comprised only two dictionaries.
Two does not make a trend. In fact the next dictionary to set forth a negative usage
label was the 1980 Oxford American Dictionary,
251
six years after the 1974
Thorndike-Barnhart Intermediate Dictionary. The evidence does not support the

250
Barnhart Expert Report (June 8, 1996), Barnhart Ex. 3 (TTABVue 162, pp. 26-27). Mr.
Barnhart was an associate editor of the Thorndike-Barnhart school dictionaries (1966-1980)
and the general editor of THE BARNHART DICTIONARY OF NEW ENGLISH SINCE 1963
(1973), THE SECOND BARNHART DICTIONARY OF NEW ENGLISH (1980), and THE THIRD
BARNHART DICTIONARY OF NEW ENGLISH (1990). Id. (TTABVue 162, p. 14). He is the son
of Clarence Barnhart, a noted American lexicographer. Barnhart Dep. 23:14-16 (TTABVue
159, p. 26).
251
Id.

92

majoritys finding of fact No. 7 that [b]eginning in 1966 and continuing to 1990,
usage labels in dictionaries indicating the term REDSKINS to be offensive,
disparaging, contemptuous or not preferred appear and grow in number, as applied
to Registration Nos. 0836122, 0978824, 0986668, 0986668, and 1085092.
252
The
dictionary evidence is not sufficiently probative to justify cancelling respondents
registrations when, as noted by the majority, any cancellation of a registration
should be granted only with due caution and after a most careful study of all the
facts. Rockwood Chocolate Co., Inc. v. Hoffman Candy Co., 152 USPQ at 601.
Use of the term Redskins in Various Media
The majority references Dr. Nunbergs survey of electronic databases from
major newspapers and magazines published between approximately 1975 through
1989 to glean information about the use of the word redskins in the context of
Native Americans. Because Dr. Nunbergs survey begins in 1975, the conclusions
he draws are not relevant to Registration No. 0836122 registered in 1967 and
Registration Nos. 0978824, 0986668, and 0986668 registered in 1974.
Mr. Barnhart conducted a similar search using a Nexis electronic database
group file featuring major newspapers, magazines and journals published between
1969 and 1996.
253
He found that the term redskin or redskins appeared at least

252
The majoritys finding of fact No. 15 regarding dictionary usage labels is not relevant to
0836122 because that registration issued before the usage labels came into use.
253
Barnhart Expert Report pp. 3, 18 (unnumbered), Barnhart Dep. Ex. 3 (TTABVue 162,
pp. 20, 35).

93

once in 143,920 articles.
254
Similar to Dr. Nunbergs initial search results, Mr.
Barnhart reported that the results of his redskin database search were
overwhelming to be in the context of sports, with less than two percent of the
results referring to Native Americans.
255
Mr. Barnhart would not draw any
inferences about the infrequency in which the term redskin or redskins was used
to refer to Native Americans. He testified that it was not what he was asked to do
and it would be a significantly greater project to determine whether there is any
significance to the lack of occurrences.
256
Nevertheless, he did conclude that since
the term REDSKIN appeared in 143,920 articles, it is acceptable in both formal
and informal speech or writing of educated people
257
at least as it applies to sports
teams.
In view of the foregoing, the majoritys conclusion that the near complete
drop-off in usage of redskins as a reference to Native Americans beginning in the
1960s is somehow probative that the term is disparaging is not supported by the
record.
NCAI Resolution
The majority finds that the resolution passed by the National Congress of
American Indians (NCAI) in 1993 is clearly probative of the view of Native

254
Barnhart Dep. 64:13 (TTABVue 159, p. 67); Barnhart Expert Report pp. 3, 12
(unnumbered), Barnhart Dep. Ex. 3 (TTABVue 162, pp. 20, 29).
255
Barnhart Expert Report p. 12 (unnumbered), Barnhart Dep. Ex. 3 (TTABVue 161, p. 29);
see Barnhart Dep. 69:5-8 (TTABVue 159, p. 72).
256
Barnhart Dep. 67:15-70:6 (TTABVue 159, pp. 70-73).
257

94

Americans held at the relevant time period because the NCAI represented
approximately thirty percent of Native Americans and the resolution set forth the
past and ongoing viewpoint of the Native Americans it represents. Despite the
assertions in the resolution that the organization represents the American Indian
and Alaska Tribal governments and people gathered in Crystal City, Virginia, of the
Washington D.C. area, for the 1993 Executive Council Meeting
258
of the
organization, there is no reliable evidence supporting the number of Native
Americans or tribes that attended the meeting or that were members of the
organization during the relevant time frame between 1967 and 1990.
The majority relies on the deposition testimony of JoAnn Chase who became
the Executive Director of the NCAI on April 1, 1994 and provided testimony about
the resolution. JoAnn Chase testified that she was not in attendance at this
meeting when the resolution was passed, that she did not know if any minutes of
the meeting were taken, that she could not locate any record of the minutes or any
indicator of whether a quorum was present for the voting of this resolution, that she
had no record of the people in attendance at the meeting, and that she did not
know what the membership of the organization was at that time.
259
Ms. Chase
also testified that she had no record of the number of tribes who had delegates to
the organization in 1967, 1974, 1985, or 1990, no record of any similar resolutions
concerning the use of the name Washington Redskins by the organization between
1967 and 1992, and had no letters or correspondence concerning the use of the word

258
NCAI Resolution (TTABVue 63, p. 71).
259
Chase Dep. 51:21-52:11, 53:7-17, 54:3-4 (TTABVue 98, pp. 57-60).

95

redskins or Washington Redskins with respect to the football team between 1967
and 1992.
260

Nevertheless, based on the following testimony, the majority found that
there were between 100 400 members at the time the resolution was taken:
I do not know what the membership of the organization
was at that time. I can tell you currently, if, for example,
our membership is 206 tribes, it would be one-third. At
that time the membership would have been 100 tribes. It
could have been 400 tribes. I dont know.
261

The majority also relies on the deposition of Harold Gross, the Director of
Indian Legal Information Development Services, a legislative oversight program.
The relevance of the Gross deposition testimony is that Mr. Gross testified that
Leon Cook, President of the NCAI, participated in a 1972 meeting with Edward
Bennett Williams, the President and part-owner of the Washington Redskins
football team, to protest the Redskins name. Petitioners did not depose Mr. Cook
and have him testify regarding the membership of the NCAI in 1972. Rather, the
majority relies on an article published in the Washington Daily News on March 30,
1972 discussing that meeting which reported that the NCAI claims a membership
of 300,000.
262
The article provides no source as to 300,000 membership figure. The
author of the article did not state that Leon Cook said that the NCAI had 300,000
members.

260
Id. 83:20-22, 84:1-85:1 (TTABVue 98, pp. 89-91).
261
Id. 54:3-8 (TTABVue 98, p. 60).
262
Petitioners Notice of Reliance Ex. 18 (TTABVue 48, p. 33).

96

The majority references an article published in The Washington Post on
March 30, 1972 discussing that meeting reported that the NCAI claims a
membership of 350,000 according to the protesting groups informal leader, Harold
Gross, an attorney for another Indian organization.
263
According to the majority,
Harold Gross testified that he worked for the NCAI in 1969 and would have first-
hand knowledge as to the membership in that time period. In fact, Mr. Gross
testified that he was staff counsel for a year.
264
But he was not employed by the
NCAI in 1972, the year that the meeting took place, and the article does not provide
any information to conclude that Mr. Gross had accurate knowledge about the
membership of the NCAI in 1972.
The majority references the participation of Dennis Banks, District
Representative of the American Indian Movement, at the 1972 meeting. There is no
testimony or evidence verifying the size or membership of that organization during
the relevant time period.
The majority references the Michigan Civil Rights Commission Report on the
Use of Nicknames, Logos and Mascots Depicting Native American People in
Michigan Education Institutions (October 1998) which stated that the NCAI is the
oldest and largest national Indian group in the U.S. This statement is probative
that the Michigan Civil Rights Commission believes that the NCAI is the biggest
Native American Group. However, there is no evidence, let alone reliable evidence,
as to the basis of that belief on the part of the Michigan Civil Rights Commission.

263
Petitioners Notice of Reliance Ex. 18 (TTABVue 48, pp. 85-86) (emphasis added).
264
Gross Dep., p. 37 (TTABVue 79, p. 199).

97

In footnote 137, the majority references a statement by Dr. Britton Harwood
set forth in the minutes of the Miami University Senate that [t]he National
Congress of American Indians, representing approximately 150 tribal governments,
calls it [redskin] a racial slur. The problem with Dr. Harwoods statement is that
(i) the minutes do not identify Dr. Harwood, (ii) the minutes do not identify how Dr.
Harwood is knowledgeable about the membership of the NCAI, and (iii) the minutes
do not identify the source that Dr. Harwood used to quantify the membership of the
NCAI. The minutes are probative of Dr. Harwoods belief as to the membership of
the NCAI, made in support of a resolution urging Miami University to change its
team names.
In footnote 140, the majority references a 1992 survey by WTOP, a
Washington, D.C. radio station, showing 28% of Native American tribal leaders
found the name Redskins offensive corroborates the fact that a substantial
composite of Native Americans perceive the term Redskin to be disparaging.
265

The purpose of the survey was to see how tribal leaders and listeners felt about
WTOP not using the name Washington Redskins to refer to the football team.
There are numerous problems with this survey for purposes of this proceeding.
First, the survey took place in 1992, after the relevant time period about an act that
took place after the relevant time period. Second, the tribal leaders were asked a
leading question: Do you think the name of the football team, The Washington
Redskins, is offensive? The survey respondents were only given the option to

265
John Kent Cooke Dep., Ex. 6 (TTABVue 149, pp. 43-68; TTABVue 156, pp. 11-38).

98

answer yes or no. They were not given the option of do not know or no
opinion. There was no probe question as a follow-up to the answer to determine
why a respondent gave a particular answer. Finally, it is not clear that the
universe of tribal leaders was correct. Petitioners did not provide any information
regarding how the survey company identified tribal leaders or verified that the
respondent was, in fact, a tribal leader. Furthermore, there was no verification to
determine whether the interviews actually took place.
Finally, the majority relies on a June 3, 1991 letter from Dale Pullen,
publisher of The U.S. Congress Handbook to Charlie Drayton, the Vice President of
Communications for the Washington Redskins.
266
In his letter, Mr. Pullen wrote
the following:
The National American Indian Council, representing 70
per cent of the American Indian population, would like
400 U.S. CONGRESS HANDBOOKS for their D.C.
meeting beginning June 7.
Ms. Lee Ann Tallbear, Executive Director, for the NAIC,
called to see how she might get books . . . .
Ms. Tallbear said that her group represents about 1.2
million American Indians who do not live on reservations.
The National Congress of American Indians represent
[sic] Indians living on reservations (the remaining 30
percent).
This is the most persuasive evidence that supports the majoritys contention.
Nevertheless, the letter is double hearsay (i.e., hearsay within hearsay). While the
hearsay objection has been waived, it does not remove the problem with this type of

266
Chase Dep. pp. 104-105 (TTABVue 98, pp. 110-111), Respondents Notice of Reliance Ex.
29.1 (TTABVue 142, p. 43) (shown as the Deloria Exhibit 35 also presented as exhibit 41 in
the Chase deposition).

99

evidence (i.e., someone said to someone that the NCAI represents the remaining 30
percent).
The evidence supporting the majoritys finding of fact No. 27 that
[a]pproximately 150 tribes were members [of the NCAI] in 1993 and its conclusion
that [t]he NCAI members throughout the time period represent approximately 30
percent of Native Americans is a house of cards that collapses upon examination.
In view of the above, after a careful study of all the facts and due caution,
I find that petitioners failed to show by a preponderance of the evidence that a
substantial composite of Native Americans found the term REDSKINS to be
disparaging in connection with respondents services during the relevant time frame
of 1967-1990. Accordingly, the six registrations should not be cancelled under
Sections 2(a) and 14(3) of the Trademark Act.


100

Appendix A Petitioners Submissions of Harjo Petitioners First, Fifth, Sixth & Tenth
Notices of Reliance (NR), Deposition Testimony & Deposition Exhibits
NR
Ex.
Entry Type Source TTABVue
Ref. No.
BOOKS, ESSAYS, GUIDES, SCHOLARLY PAPERS & JOURNAL ARTICLES
1 Book excerpt George E. Shankle, American Nicknames: Their Origin &
Significance 373 (2d ed. 1955);
As Nunberg Dep. Ex. 40 (part)
62, pp. 164-65;
(dup)
86, pp. 55-56
1 &
67

Book excerpt,
book
(complete)
Irving Lewis Allen, Language of Ethnic Conflict, Social
Organization & Lexical Culture 50-51 (1983);

As Nunberg Dep. 40 (part) [title page only]
63, pp. 40-41;
(complete) 90,
pp. 72-110;
86, p. 98
20 Article in
journal
NCAI Wages War on Indian Image, NCAI Sentinel,
Winter-Spring 1969, at 5-7.
48, pp. 80-82
37 Article in
monographic
series
Rayna Green, The Indian in Popular American Culture,
in Handbook of N. Am. Indians IV (not on copy) 587-606
(1988)
77, pp. 65-84
38 Article in
literary
magazine
Richard Hill, Savage Splendor: Sex, Lies and Stereotypes,
Turtle Quarterly 14-23 (undated)
77, pp. 86-95
39 Essay Michael Dorris, Why I'm not Thankful for Thanksgiving,
[in another publication] 19-22 (1978) (not on copy)
77, pp. 97-100
40 Essay Mary Gloyne Byler, Taking Another Look, [in another
publication] 83-89 (undated)
77, pp. 102-08
41 Book excerpt Frederick Whittaker, Hunters and Redskins (1909) 77, pp. 110-22
42 Book excerpt Ernest A. Dench, Making the Movies v, 92-95 (1915) 78, pp. 5-8
48 Book excerpt Morris A. Bealle, The Redskins 1937-1958, at 6-7, 10-11,
20-21, 34-35, 52-53, 80-81, 90-91, 96-97, 104-05, 118-23,
154-55, 158-63, 194-95, 198-99, 226-27 (1959)
78, pp. 36-56
49 Book excerpt Henry E. Fritz, The Movement for Indian Assimilation,
1860-1890, at 176-77 (1963)
78, pp. 58-60
51 &
77
Article in
journal
Hedy Hartman, A Brief Review of the Native American in
American Cinema, 9 Indian Historian 27-29 (1976)
78, pp. 62-64;
(dup entry)
91, pp. 140-42
52 Article in
journal
Wolfgang Mieder, Proverbs in Nazi Germany: The
Promulgation of Anti-Semitism and Stereotypes Through
Folklore, J. of Am. Folklore, 1982
78, pp. 66-81
53 Article in
journal
Alden T. Vaughan, From White Man to Redskin:
Changing Anglo-American Perceptions of the American
Indian, 87 Am. Hist. Rev. 917-53 (1982)
89, pp. 5-41
54 Book excerpt Robert Pack, Edward Bennett Williams for the Defense
14-15, 74-77, 80-83, 90-103 (1983)
89, pp. 43-56
55 &
77
Article in book Haig A. Bosmajian, Defining the American Indian: A
Case Study in the Language of Suppression, in Exploring
Language 291-99 (3d ed. 1983)
89, pp. 58-62;
(dup entry)
91, pp. 149-53

101

NR
Ex.
Ref. No.
56 Article in
journal
Robert H. Keller Jr., Hostile Language: Bias in Historical
Writing About American Indian Resistance, in J. of Am.
Culture 9-23 (Winter 1986)
89, pp. 64-79
57 Book Irving Lewis Allen, Unkind Words: Ethnic Labeling from
Redskin to WASP (1990)
87, pp. 6-80
58 Unpublished
manuscript
Cornel D. Pewewardy, Native American Mascots and
Imagery: The Struggle of Unlearning Indian
Stereotypes (Oct. 26-30, 1991)
87, pp. 82-95
60 Article in
journal
Charles L. Cutler, I Have Spoken: Indianisms in
Current English, English Language Notes, Mar. 1992, at
70-80
87, pp. 103-08
61 Article in
literary
magazine
Robin Powell, Recycling the Redskin, Turtle Quarterly,
Winter 1993, at 8-11
87, pp. 110-13
62 Article in
journal
Wolfgang Mieder, The Only Good Indian is a Dead
Indian History and Meaning of a Proverbial Stereotype,
J. of Am. Folklore, Winter 1993, at 38-60
90, pp. 5-28
63 Article in
journal
Robert Jensen, Banning Redskins From the Sports
Page: The Ethics and Politics of Native American
Nicknames, J. of Mass Media Ethics, 1994, at 16-25
90, pp. 30-34
64 Unpublished
manuscript
John M. Coward, What Indians Mean in the Media:
Race, Language, and the Population Imagination (Aug.
1995)
90, pp. 36-64
65 Book
(complete)
Raymond William Stedman, Shadows of the Indian
(1982) (on file with TTAB)
90, p. 66
66 Book
(complete)
John E. OConnor, The Hollywood Indian: Stereotypes of
Native Americans in Films (1980) (on file with TTAB)
90, pp. 68-70
70 Teachers
Guide
John M. Coward, Teachers Guide to the Media & the Am.
Indian, undated
91, pp. 9-40
74 Article in book Robert B. Moore & Arlene Hirschfelder, Feathers,
Tomahawks & Tipis, in Understanding Indian
Stereotypes (1977)
91, pp. 77-85
112 Thesis Arlene B. Hirschfelder, Univ. of Chi., The Treatment of
American Indians in Selected American History
Textbooks for Secondary Schools, Aug. 1971
As Hirschfelder Dep. Ex. 7
95, pp. 76-176;

(dup)
107, pp. 5-108
113 Book Frederick E. Hoxie, A Final Promise: The Campaign to
Assimilate the Indians, 1880-1920 (1984) (on file with
TTAB)
95, pp. 178-80
114 Book Frederick E. Hoxie, Parading Through History: The
Making of the Crow Nation in America 1805-1935 (1995)
(on file with TTAB)
95, p. 182

102

NR
Ex.
Ref. No.
125 Play in book James L. McCloskey, Across the Continent; Or, Scenes
from New York Life and the Pacific Railroad 64-114
(1963)
64, pp. 5-32
126

Movie review
in journal
Flap is Flop, 4 Indian Historian [unknown] (Spring
1971)
64, p. 34
127 Article in
journal
(partial)
Stanford Removes Indian Symbol, 5 Indian Historian 21
(1972)
64, p. 38

129 Article in
journal
Jeannette Henry, Our Inaccurate Textbooks, 1 Indian
Historian 21-24 (1967)
64, pp. 46-50
130 Essay in book Jay J. Coakley, Team Logos and Mascots: When are They
Racist?, Sport in Society, Issues & Controversies (4th ed.
1990)
64, pp. 52-55
170 Book excerpt NR 6: [author unknown] The Iron Redskin 19, 21, 111,
203 (1994) (not on copy)
83, pp. 5-9
170 Guide excerpt NR 6: Jerry Hatfield, Illustrated Indian Motorcycle
Buyers Guide: All the Iron Redskins from 1901, at 145-
46 (1989) (not on copy)
83, pp. 10-13
N/A Article in
catalog
Hirschfelder Dep. Ex. 4: Arlene Hirschfelder,
Headdresses, Drums, and Bows and Arrows: Indian
Imagery in Childrens Toys
106, pp. 22-30
N/A Article in
journal
Hirschfelder Dep. Ex. 5: Arlene Hirschfelder, Unlearning
Indian Stereotypes, 12 HALCYON, at 49-61 (1990)
106, pp. 32-38
N/A Book excerpt Hirschfelder Dep. Ex. 6: Arlene Hirschfelder, Am. Indian
Stereotypes in the World of Children: A Reader &
Bibliography 46-79 (1982)
106, pp. 40-57
N/A Textbook
excerpt
Ross Dep. Ex. 157: Donald S. Tull & Del I. Hawkins,
Marketing Research: Measurement & Method 183-85 (6th
ed. 1993)
92, pp. 179-83
N/A Book excerpt Ross Dep. Ex. 158: Jacob Jacoby, Survey & Field
Experimental Evidence, in Saul M. Kassin & Lawrence S.
Wrightsman, Psychology of Evidence & Trial Procedure
182-85 (1985)
92, pp. 184-87
N/A Book excerpt Ross Dep. Ex. 163: William G. Zikmund, Exploring
Marketing Research 143-44 (1994)
93, pp. 43-46
N/A Book excerpt Ross Dep. Ex. 164: Naresh K. Malhotra, Marketing
Research: An Applied Orientation 177-78 (1993)
93, pp. 47-50
N/A Article Ross Dep. Ex. 166: Jacob Jacoby, Experimental Designs
in Deceptive Advertising & Claim Substantiation
Research, presented at Council of Better Business
Bureaus, NAD Workshop III, at 119-31 (Apr. 29-30, 1991)
93, pp. 84-97
BROADCAST TRANSCRIPTS
72 Broadcast
transcript
60 Minutes (CBS News television broadcast Mar. 4, 1973) 91, pp. 54-71

103

NR
Ex.
Ref. No.
BUSINESS COMMUNICATIONS BETWEEN RESPONDENT & THIRD-PARTIES AND
INTERNAL COMMUNICATIONS (UNLESS UNDER OTHER HEADING)
25

Business
facsimile
John Kent Cooke Jr., Dir. of Promotions, to Craig Kapp,
McCann-Erickson USA, Sept. 13, 1993, regarding ad
campaign;
As Cooke Dep. Ex. 7
50, p. 21;

(dup)
65, p. 147
N/A Business
letter
Cooke Dep. Ex. 2: John Kent Cooke, Redskins, to Susan
T. Fletcher, Phila. Eagles, Sept. 22, 1983
65, p. 139
N/A Internal
memo
Cooke Dep. Ex. 3: Paul E. Denfeld, to John Kent Cooke,
Subject: Chief Z, May 19, 1987
65, p. 141
N/A Business
letter
Cooke Dep. Ex. 4: John Kent Cooke, Redskins, to Nate
Pope, NPC & Associates, Aug. 10, 1987
65, p. 143
N/A Business
letter
Cooke Dep. Ex. 5: John Kent Cooke, Redskins, to Ercle F.
Herbert Jr., Herbert & Herbert Inc., Dec. 18, 1987
65, p. 145
N/A Response to
support letter
Nunberg Dep. Ex. 41 (part): Jack Kent Cooke to Robert
H. Paschall, May 3, 1988
88, p. 56
N/A Response to
support letter
Nunberg Dep. Ex. 41 (part): Jack Kent Cooke to Sylvia L.
Cash, May 3, 1988
88, p. 59
N/A Response to
support letter
Nunberg Dep. Ex. 41 (part): John Kent Cooke to Wilcomb
E. Washburn, May 3, 1988
88, p. 60
N/A Response to
support letter
Nunberg Dep. Ex. 41 (part): Charlie Dayton, Commcn
Dir., Wash. Redskins, to R. C. Ahtone, June 15, 1988
88, p. 64
N/A Response to
support letter
E. Washburn, Jan. 9, 1992
88, p. 119
N/A Response to
support letter
Nunberg Dep. Ex. 41 (part): John Kent Cooke to Robert
Salgado, Soboba Band of Mission Indians, Mar. 5, 1992
88, p. 158
N/A Response to
support letter
Nunberg Dep. Ex. 41 (part): John Kent Cooke to Joseph
F. K. Mayhew, Mar. 26, 1992
92, p. 20
N/A Response to
support letter
E. Washburn, Apr. 21, 1992
92, p. 32
N/A Response to
support letter
Nunberg Dep. Ex. 41 (part): Jack Kent Cooke to M.
Henson, Aug. 3, 1992
92, p. 71
N/A Response to
support letter
Cooke Dep. Ex. 26: Jack Kent Cooke, Redskins, to James
Kevin Campbell, Sept. 2, 1993, with James Kevin
Campbell to Jack Kent Cooke, Aug. 20, 1993;
66, pp. 52-53;

(dup)
92, p. 75
N/A Internal
memo
Nunberg Dep. Ex. 41 (part): Charlie Dayton to Jack Kent
Cooke, re: Natl Rainbow Coalition campaign letters
received, Oct. 13, 1993, with protest letters attached
92, pp. 77-144
BUSINESS LETTERS BETWEEN RESPONDENT & PUBLISHER
10 Business
letter
Profl Football Publications Assn to John Kent Cooke,
May 23, 1993, regarding advertising space
68, p. 15
10 Business
letter
Redskin Review to Redskin Park, May 2, 1994,
requesting player photos
68, p. 16

104

NR
Ex.
Ref. No.
10 Business
letter
Redskin Review to Redskin Park, May 2, 1994,
requesting player autograph
68, p. 17
10 Business
letter
Redskin Review to Redskin Park, Aug. 9, 1994,
requesting issuance of game credentials
68, p. 18
10 Business
letter
68, p. 20
10 Business
letter
requesting player autographs
68, p. 21
10 Business
letter
68, p. 22
10 Business
letter
Redskin Review to Redskin Park, Sept. 13, 1994,
68, p. 23
10 Business
letter
requesting press and photo passes
68, p. 24
10 Business
letter
68, p. 25
10 Business
letter
requesting player autographs
68, p. 26
10 Business
letter
Redskin Review to Redskin Park, Oct. 11, 1994,
68, p. 27
10 Business
letter
68, p. 28
10 Business
letter
Redskin Review to Redskin Park, Nov. 1, 1994,
68, p. 29
10 Business
letter
68, p. 30
10 Business
letter
68, p. 31
10 Business
letter
68, p. 32
10 Business
letter
Redskin Review to Washington Redskins, Nov. 30, 1995,
regarding 1995 press passes
68, pp. 33-34
10 Business
letter
Redskin Review to Redskin Park, Dec. 13, 1994,
68, p. 35
10 Business
letter
Progressive Publg Grp. to Washington Redskins, July 17,
1995, regarding ownership change of Redskin Review
68, pp. 36-37
10 Business
letter
68, p. 38
10 Business
letter
68, p. 39
10 Business
letter
68, p. 40

105

NR
Ex.
Ref. No.
10 Business
letter
Redskin Park to Redskin Review, Dec. 1, 1995, regarding
game-by-game credentials requests
68, p. 41
BUSINESS RECORDS (RESPONDENTS)
25 Board
minutes
Redacted minutes of Mar. 27, 1972 meeting of
respondents regular meeting of directors
50, pp. 16-18
BUSINESS RECORDS (THIRD-PARTY)
N/A Incorporating
documents
Chase Dep. Ex. 108: Natl Congress of Am. Indians
Const. & By-Laws, Nov. 14, 1944, as further amended
83, pp. 41-46
N/A Board
minutes
Kahn Dep. Ex. 2: Am. Jewish Comm. Bd. of Dirs.
Minutes, Sept. 2, 1992
108, pp. 18-19
N/A Incorporating
documents
Stevens Dep. Ex. 1: Cent. Conf. Of Am. Rabbis Const. &
By-Laws, June 1953, as further amended
94, pp. 89-94
CORRESPONDENCE BY PETITIONERS COUNSEL
N/A Business
letter
Nunberg Dep. Ex. 4: Stephen R. Baird to Geoffrey
Nunberg, Dec. 7, 1995, regarding consultation as expert
83, pp. 90-91
N/A Business
letter
Nunberg, Feb. 21, 1996, regarding film list
83, p. 93
N/A Business
letter
Nunberg Dep. Ex. 6: Stephen R. Baird to Cy Gomberg,
Jan. 26, 1993, regarding film list
83, pp. 95-96
N/A Business
letter
Nunberg, Jan. 30, 1996, regarding materials
83, p. 98
N/A Business
letter
Ross Dep. Ex. 7: Michael A. Lindsay to Ivan Ross, Dec. 7,
1995, regarding Harjo cancellation petition, answer &
MSJ, with attachments
84, pp. 112-55
N/A Business
letter
Ross Dep. Ex. 8: Stephen R. Baird to Ivan Ross, Dec. 7,
1995, regarding materials
102, pp. 7-127;
85-127;
103, pp. 4-62
N/A Business
letter
LaFromboise Dep. Ex. 4: Laurie Scalon to Teresa D.
LaFromboise, Dec. 5, 1996, regarding prepared expert
report
108, pp. 64-74
N/A Business
letter
LaFromboise Dep. Ex. 6: Michael Drysdale to Teresa D.
LaFromboise, May 8, 1996, regarding expert testimony
draft
108, pp. 76-84
N/A Business
letter
Stevens Dep. Ex. 4: Gerald H. Sullivan to Elliot Stevens,
Jan. 28, 1997, regarding deposition
94, p. 101
N/A Fax cover Stevens Dep. Ex. 5: Gerald H. Sullivan to Elliot Stevens,
Jan. 28, 1997, cover page
94, p. 103
N/A Fax note Stevens Dep. Ex. 6: Gerald H. Sullivan to Elliot Stevens,
Jan. 28, 1997, regarding resolution
94, p. 105
CORRESPONDENCE BETWEEN THIRD PARTIES
26 Business
letter
Dave Moore, Am. Indian Bible College, to Paul Tagliabue,
NFL, Feb. 19, 1991
50, pp. 23-24

106

NR
Ex.
Ref. No.
32 Business
letter
William B. Welles & Charles B. Krusen to Pete Rozelle,
Apr. 25, 1972
77, pp. 20-21
75 Business
letter
Donald T. Carlson, Univ. Relations Dir., Stanford Univ.,
to Kris Boucher, Dir. of Athletics, Wayland Acad., Dec. 5,
1985, with Stanford U. press release (Dec. 6, 1979), &
Tony Kahn, Editorial: Indian Mascot Belittled Native
Americans, Stanford Daily (handwritten), Nov. 1, 1985
(handwritten)
91, pp. 87-89
76 Business
letter
Michael A. Bailey to Paul O. Sand, Regl Dir., Natl
Conference of Christians & Jews, Feb. 17, 1988
91, p. 91
79 Business
letter
Terry Shepard, Univ. of Ill., to Gary Smith, Dir.,
Marching Illini, Feb. 5, 1990, with attachments
91, pp. 197-201
81 Business
letter
Robert Eaglestaff, Principal, Am. Indian Heritage Sch. &
Program, to Kris Deweese, Jan. 21, 1992
95, p. 5
84 Business
letter
John Mundahl, Minn. Pub. Sch., to Dorsey & Whitney
Law Firm, Sept. 11, 1992
95, p. 11
85 Business
letter
U.S. Sen. Daniel K. Inouye, Select Comm. on Indian
Affairs, to Tom Griffith, Nov. 6, 1992
95, p. 13
89 Memo Bill Jarboe, Comm. Chair, to Beverly Jasmin, I.H.S. Bldg.
Coordinator, Native Am. Mascot Associated with Iroquis
H. S., Aug. 13, 1993
95, pp. 32-33
92 E-mail Adolph L. Soens to manley@ksgrsch.harvard.edu, Oct. 5,
1994
95, p. 48
N/A

Business
letter
Cooke Dep. Ex. 1:
Susan T. Fletcher, Phila. Eagles, to Marilyn Z. Kutler,
Municipal Services Bldg., re: Parking Lot Incident During
Wash. Redskins Game at Veterans Stadium Sept. 11,
1983, Sept. 16, 1983
65, pp. 136-37
CORRESPONDENCE RELATING TO MAR. 1972 MEETINGFROM
WILLIAMS & CONNELLY LAW FIRM
32 Note La Donna [Harris] (Native American) to Ed[ward]
Bennett Williams, undated
77, p. 7
32 Notes Recommendations to the Washington D.C. Profl Football
Team, from seven Native American meeting participants;
As Gross Dep. Ex. 32.005
77, pp. 9-10;
(dup)
105, pp. 67
32 Protest letter Harold M. Gross, Dir., Indian Legal Info. Dev. Servs.
(Native American legislative oversight group) to Edward
Bennett Williams , Jan. 18, 1972;
77, pp. 11-13;

(dup)
105, pp. 71-73
32 Unsigned
business letter
Edward Bennett Williams to Harold M. Gross, Jan. 31,
1972;
77, p. 15;
(dup)
105, p. 75

107

NR
Ex.
Ref. No.
32 Business
letter
Harold M. Gross to Edward Bennett Williams , Feb. 16,
1972;
77, p. 16;
(dup)
105, p. 77
32 Protest letter Ron Aguilar, President, Natl Indian Youth Council, to
Wash. Redskins Football Team, Mar. 29, 1972;
77, p. 17;
(dup)
105, p. 79
32 Unsigned
business letter
Edward Bennett Williams to Pete Rozelle, NFL, Mar. 30,
1972;
77, p. 18;
(dup)
105, p. 81
32 Unsigned
business letter
Edward Bennett Williams to Harold M. Gross, Mar. 30,
1972;
77, p. 19;
(dup)
105, p. 83
32 Note Edward Bennett Williams to La Donna Harris, June 7,
1972
77, p 22
CURRICULA VITAE
N/A CV Nunberg Dep. Ex. 2 (end): Geoffrey D. Nunberg, Apr.
1996;
As Nunberg Dep. Ex. 32
83, pp. 76-80;
(dup)
108, pp. 95-99
N/A CV Ross Dep. Ex. 3 (part): Ivan Ross, May 1996 97, pp. 15-29
N/A CV Hirschfelder Dep. Ex. 1: Arlene Hirschfelder 106, pp. 8-10
N/A CV Hoxie Dep. Ex. 1: Frederick E. Hoxie 107, pp. 117-21
N/A CV LaFromboise Dep. Ex. 2: Teresa D. LaFromboise, April
1996
108, pp. 39-63
DEPOSITIONS & SUBPOENAS TO GIVE TESTIMONY/PRODUCE EVIDENCE
N/A Deposition John Kent Cooke Dep., Mar. 26, 1996 65, pp. 85-107
N/A Deposition JoAnn Chase Dep., Apr. 26, 1996 98, pp. 6-124
N/A Subpoena Chase Dep. Ex. 107: Subpoena Ad Testificandum & Duces
Tecum on the Natl Congress of Am. Indians custodian of
records, Mar. 15, 1996
83, pp. 20-40
N/A Deposition Ivan Ross Dep., Dec. 12, 1996 96, pp. 5-253
N/A Subpoena Ross Dep. Ex. 1: Subpoena Ad Testificandum & Duces
Tecum on Ivan Ross, Dec. 12, 1996
As Ross Dep. Ex. 4
83, pp. 169-76;

84, pp. 61-71
N/A Deposition Geoffrey D. Nunberg Dep., Dec. 17, 1996 98, pp. 128-76,
99, pp. 2-177
N/A Subpoena Nunberg Dep. Ex. 1:
Subpoena for Foreign Deposition served on Geoffrey
Nunberg, Dec. 5, 1996
83, pp. 52-58
N/A Deposition Elliot L. Stevens Dep., Jan. 30, 1997 101, pp. 8-71
N/A Deposition Walterene Swanston Dep., Jan. 31, 1997 101, pp. 73-143

108

NR
Ex.
Ref. No.
N/A Deposition Judith Kahn Dep., Jan. 31, 1997 80, pp. 217-56
N/A Deposition Frederick E. Hoxie Dep., Feb. 12, 1997 80, pp. 127-215
N/A Deposition Teresa D. LaFromboise Dep., Feb. 17, 1997 81, pp. 5-115
N/A Subpoena LaFromboise Dep. Ex. 1:
Subpoena for Foreign Deposition served on Teresa D.
LaFromboise, Dec. 5, 1996
108, pp. 21-28
N/A Deposition Susan Courtney Dep., Feb. 18, 1997 79, pp. 6-161
N/A Deposition Geoffrey D. Nunberg Dep., Feb. 18, 1997 81, pp. 119-271
N/A Deposition Geoffrey D. Nunberg Dep., Feb. 19, 1997 82, pp. 5-125
N/A Deposition Ivan Ross Dep., Feb. 20, 1997 82, pp. 127-267
N/A Deposition Arlene B. Hirschfelder Dep., Apr. 10, 1997 80, pp. 6-125
N/A Deposition Harold M. Gross Dep., June 11, 1997 79, pp. 163-235
N/A Deposition Ivan Ross Dep., June 11, 1997 100, pp. 5-150;
101, pp. 2-6
N/A Deposition Geoffrey D. Nunberg Dep., June 17, 1997 109, pp. 6-159
DICTIONARIES
1 Definition Am. Heritage Dictionary of the English Language 1514
(3d ed. 1992);
63, pp. 61-63;
(dup)
88, pp. 20-22
1 Definition Am. Heritage Dictionary of the English Language 1514
(3d ed., 1996);
63, pp. 67-69;
(dup)
88, pp. 26-28
1 Definition Chambers English Dictionary [illegible page number]
(7th ed. 1988);
63, pp. 52-54;
(dup)
88, pp. 14-16
1 Definition Merriam Webster's Collegiate Dictionary 980 (10th ed.
1995);
63, pp. 64-66;
(dup)
88, pp. 23-25
1 Definition Oxford Am. Dictionary 564 (1980);
63, pp. 16-18;
(dup)
86, pp. 74-76
1 Definition Oxford English Dictionary 429 (2d ed. 1989);
63, pp. 55-57;
108, pp. 108-10
1 Definition Random House Dictionary of the English Language 1204
(1966);
62, pp. 166-68;
(dup)
86, pp. 60-62
(1967);
62, pp. 169-71;
(dup)
86, pp. 63-64

109

NR
Ex.
Ref. No.
(College Edition) (1968);
63, pp. 4-6;
(dup)
86, pp. 57-59
(School Edition) (1970);
63, pp. 7-8;
(dup)
86, pp. 65-66
(1973);
63, pp. 9-11;
(dup)
86, pp. 67-69
1 Definition Random House College Dictionary 1107 (rev. ed., 1975);
63, pp. 12-13;
(dup)
86, pp. 70-71
1 Definition Random House Dictionary of the English Language [no
page provided] (1979);
63, pp. 14-15;
(dup)
86, pp. 72-73
(2d ed. 1987);
63, pp. 46-48;
(dup)
88, pp. 8-10
1 Definition Richard A. Spears, Slang & Euphemism: A Dictionary of
Oaths, Curses Insults, Sexual Slang & Metaphor, Racial
Slurs, Drug Talk, Homosexual Ling, & Related Matters
vii-xxiv, 327 (1981);
63, pp. 19-39;

(dup)
86, pp. 77-97
1 Definition Webster's Ninth New Collegiate Dictionary 987 (1986);

63, pp. 42-45;
(dup)
88, pp. 4-7

63, pp. 49-51;
(dup)
88, pp. 11-13

63, pp. 58-60;
(dup)
88, pp. 17-19
N/A Definition As Nunberg Dep. Ex. 8: Thorndike/Barnhart Doubleday
Advanced Dictionary 855 (1979)
83, pp. 100-01
N/A Definition As Nunberg Dep. Ex. 9: HBJ School Dictionary (1977) 83, pp. 103-04
N/A Definition As Nunberg Dep. Ex. 10: Websters New American
Dictionary 823 (1965);
As Hoxie Dep. Ex. 4;
As Nunberg Dep. Ex. 46:
83, pp. 106-07;
(dup)
107, pp. 139-
40; 92, pp. 170-
71
N/A Definition As Nunberg Dep. Ex. 11: Intl Webster New Encyclopedic
As LaFromboise Dep. Ex. 9
83, pp. 109-10;
(dup)
108, pp. 5-6;
108, pp. 88-89

110

NR
Ex.
Ref. No.
N/A Definition As Nunberg Dep. Ex. 12: World Book Dictionary, Vol. 2,
1633 (1967)
83, pp. 112-13
N/A Definition As Nunberg Dep. Ex. 13: World Book Dictionary, Vol. 2,
1752 (1979)
83, pp. 115-16
N/A Definition As Nunberg Dep. Ex. 14: Websters New Twentieth
Century Dictionary of the English Language Unabridged
1513 (2d ed. 1977);
As LaFromboise Dep. Ex. 10 ;
83, pp. 118-19;
(dup)
107, pp. 142-
43; 108 pp. 90-
91 ;
92, pp. 168-69
N/A Definition As Nunberg Dep. Ex. 15: Websters New Collegiate
As Hoxie Dep. Ex. 8
83, pp. 121-22;
(dup)
108, pp. 11-12
N/A Definition As Nunberg Dep. Ex. 18: Am. Heritage Dictionary of the
English Language 1514 (1st ed. 1976)
83, pp. 129-30
N/A Definition As Nunberg Dep. Ex. 19: Am. Heritage School Dictionary
(1977);
As LaFromboise Dep. Ex. 8
83, pp. 132-33;
(dup) 107, pp.
136-37; 108,
pp. 86-87
N/A Definition As Hoxie Dep. Ex. 7: Am. Heritage Dictionary of the
English Language 1082 (1981);
108, pp. 8-9;
(dup)
92, pp. 166-67
ENCYCLOPEDIAS
1 Encyclopedia
entry
Indians, North American, Encyclopdia Britannica 454-
82 (11th ed. 1910);
62, pp. 131-63;
(dup)
86, pp. 4-36
FILM FOOTAGE (DVD OF VHS-FORMATTED MATERIAL)
93 NFL Films Lombardi (DVD not included with submissions) 95, p. 50
94 NFL Films Warpath: The Washington Redskins Road to Super Bowl
XXII (1988) (on file with TTAB)
95, p. 52
95 NFL Films Hail to the Redskins 1937-1988 (1988) (on file with
TTAB)
95, p. 54
96 NFL Films Washington Redskins (1961) (DVD not included with
submissions)
95, p. 56
97 NFL Films Time After Time: The 1967 Washington Redskins in
Action (1968) (on file with TTAB)
95, p. 58
98 NFL Films Three Cheers for the Redskins (1971) (on file with TTAB) 95, p. 60
99 NFL Films The AFC and NFC Championships (1973) (mislabeled; on
file with TTAB)
95, p. 62
100 NFL Films The World Championship of Professional Football [Super
Bowl VII] (1973) (on file with TTAB)
95, p. 64
101 NFL Films Promises to Keep: The Washington Redskins Season of
74 (1974) (on file with TTAB)
95, p. 66

111

NR
Ex.
Ref. No.
102 NFL Films Return Engagement (1979) (mislabeled; incomplete;
without opening credits; no sound; on file with TTAB)
95; p. 68
103 NFL Films Super Bowl XVII: Hog Day Afternoon (1983) (on file with
TTAB)
95, p. 70
104 NFL Films Ambush at Super Bowl XXII (NFL Films 1988) (on file
with TTAB)
95, p. 72
105 NFL Films Super Bowl XXVIWashington 37, Buffalo 24 (1992)
(DVD not included with submissions)
95, p. 74
N/A Footage
excerpts
NR 5: Excerpts from video previously submitted as
Exhibits 93 through 105 (on file with TTAB)
101, p. 147
N/A Footage
excerpts
Courtney Dep. Ex. 3: Footage from major motion picture
productions using the term redskin
105, p. 36
GAME PROGRAM PAGES (PITTSBURGH STEELERS)
15

Program front
page
Sept. 29, 1957 (from Pittsburgh Steelers Football Club);

As Cooke Dep. Ex. 12 (part)
70, pp. 49,
(dup) 68;
66, p. 47
GAME PROGRAMS, PRESS GUIDES & FACT BOOKS, OFFICIAL MAGAZINES,
YEARBOOKS & ANNIVERSARY ISSUES (WASHINGTON REDSKINS)
14 Program front
covers
Opening Day 1954 Redskins v. NY Giants 12/11/60
(non-consecutive)
69, pp. 66-72
70, pp. 4-26
15

Program front
covers

Undated

70, pp. 29-42,
44, 46-47;
(dup) 66, pp.
30-46
15 Program front
covers
Opening Day 1938, Opening Day 1950 70, pp. 43, 45
15

Program front
cover
Sept. 21, 1958 (includes cartoon reprinted from Evening
Star (Wash.), Dec. 17, 1936);
70, p. 48;
(dup)
66, p. 49
29 Press guide
(partial)
Redskin Movie, in 1948 Washington Redskins press
guide, p. 26
50, p. 42
29 Fact book
(partial)
1949 Redskins, front cover, marching band photo, pp. 40-
41
50, pp. 43-45
29 Fact book
front cover
1950 Redskins, front cover 50, p. 46
29 Fact book
front cover
29 Fact book
(partial)
1952 Redskins, front cover, marching band, at 13 50, pp. 48-49
29 Fact book
(partial)
1953 Redskins front cover, marching band, at 12-13 50, pp. 50-52
29 Fact book
(partial)
1954 Wash. Redskins, front cover, marching band, at 14 50, pp. 53-54

112

NR
Ex.
Ref. No.
29 Fact book
(partial)
1955 Wash. Redskins, front cover, marching band, at 12 50, pp. 55-56
29 Fact book
(partial)
1956 Profl Football, front cover, Redskins club directory,
Do You Remember? 1937, photos (illegible), and article on
half-time show
50, pp. 57-61
29 Program
(partial)
S.F. 49ers v. Wash. Redskins, Aug. 26, 1956 front cover,
team photo with autographs and Indian caricature
50, pp. 62-63

29 Fact book
(partial)
1957 Wash. Redskins, front cover, and marching band
photo, at 16
51, pp. 4-5
29 Program
(partial)
S.F. 49ers v. Wash. Redskins, Aug. 25, 1957 front cover,
team photo with autographs and Indian caricature
51, pp. 6-7

29 Fact book
(partial)
1958 Wash. Redskins, front cover, entertainment
program article, two band photos, fight song lyrics
51, pp. 8-11
29 Program Redskins v. Bears, Sept. 21, 1958 front cover 51, p. 12
29 Fact book
(partial)
1959 Wash. Redskins, various photos of marching band,
players, and Redskin board members, fight song lyrics
51, pp. 13-16

29 Fact book
(partial)
1960 Wash, Redskins, front cover, fight song lyrics,
marching band photos, history page, club directory
51, pp. 17-23

29 Program
(partial)
Redskins v. N.Y. Giants, Oct. 1, 1961 front cover,
Ourisman Chevrolet ad, WTOP Radio game coverage
listing, VW ad
51, pp. 24-27

29 Magazine
cover
Redskins v. Colts, Nov. 26, 1961 front cover 51, p. 28
29 Magazine
cover
Merry Christmas 1961, front cover 51, p. 29
29 Magazine
cover
Redskins v. Steelers, Dec. 10, 1961 front cover 51, p. 30
29 Program
(partial)
1962 Wash. Redskins, front cover, inside article on mid-
field matinees (marching band)
51, pp. 31-34

29 Program
(partial)
Silver Anniversary Redskins, front cover, marching band
photo
51, pp. 35-36
29 Magazine
(partial)
Redskins v. Cardinals, Sept. 30, 1962, front cover,
Conducts the Band, Whos Ahead? The Offense and
Defense are in Hot Pursuit, Girls! Girls! Girls! Arent They
Something, Long Time No See, Signals On!, & Teepee
Talk, REDSKINS (Magazine), Sept. 30, 1962, at 1, 3, 5, 9,
16, 49
52, pp. 4-14
(dup pages)
29 Magazine
(partial)
Redskins v. Rams, Oct. 7, 1962, front cover, Snead to
Mitchell Redskins Passing Combo Dazzles Fans and Foes,
Dancing Indians, North Carolina Day announcement,
REDSKINS (Magazine), Oct. 7, 1962, at 1, 15, 26
52, pp. 15-20
(dup pages)
29 Magazine
cover
Redskins v. Cowboys, Nov. 4, 1962 front cover 52, p. 21


113

NR
Ex.
Ref. No.
29 Magazine
cover
Redskins v. Browns, Nov. 11, 1962 front cover 52, p. 22

29 Magazine
(partial)
Redskins v. Giants, Nov. 25, 1962, front cover, & Midfield
Matinee featuring marching band and Redskinettes, at
21
52, pp. 23-24

29 Magazine
cover
Redskins v. Eagles, Dec. 2, 1962 front cover 52, p. 25

29 Magazine
cover
Merry Christmas 1962, front cover 52, p. 26

29 Fact book
(partial)
1963 Wash. Redskins front cover, photo entitled Ambush,
at 15
52, pp. 27-28
29 Magazine
(partial)
Redskins v. Cowboys, Sept. 29, 1963, front cover, The
Experts are Looking for Help Eastern Title Race is a Fans
Delight, & Matinee at Midfield featuring marching band
and Redskinettes, at 1, 11
52, pp. 29-31

29 Magazine
(partial)
Redskins v. Giants, Oct. 6, 1963, front cover, Time for a
Change Theres no Whammy Like a Giant Whammy,
photos entitled Midfield Ball & Hail to the Redskin, at 1,
50, 60
52, pp. 32-35

29 Magazine
cover
Redskins v. Eagles, Oct. 13, 1963, front cover 52, p. 36
29 Magazine
(partial)
Redskins v. Cardinals, Oct. 27, 1963, front cover, WWDC
advertisement, at 6
52, pp. 37-38

29 Magazine
(partial)
Redskins v. Steelers, Nov. 17, 1963, front cover, Kilroy
Reports: These Players are All-Americans, Matinee at
Midfield featuring marching band and Redskinettes, &
photo entitled Finders Keepers, at 1, 11, 52
53, pp. 4-7

29 Magazine
(partial)
Redskins v. Colts, Dec. 1, 1963, front cover, Redskins Can
Determine the Eastern Conference, Matinee at Midfield
featuring marching band, & photo entitled Chief Big
Music Man, at 1, 11, 43
53, pp. 8-11

29 Fact book
(partial)
1964 Redskins front cover, WWDC advertisement,
Signals On!, Bears Series History, at 10, 16, 59
53, pp. 12-16
(dup pages)
29 Magazine
(partial)
Redskins v. Browns, Sept. 13, 1964, front cover, Its Time
for Our Foes to Show Their Colors, On the Warpath, &
Matinee at Midfield featuring Redskinettes, at 1, 5, 11
53, pp. 17-22
(dup pages)
29 Magazine
cover
Redskins v. Cardinals, Oct. 4, 1964, front cover 53, p. 23

29 Magazine
cover
Redskins v. Eagles, Oct. 11, 1964, front cover 53, p. 24
29 Magazine
(partial)
Redskins v. Bear, Oct. 25, 1964, front cover, On the
Warpath, at 5
53, pp. 25-26

29 Magazine
cover
Redskins v. Cowboys, Nov. 22, 1964, front cover 53, p. 27

114

NR
Ex.
Ref. No.
29 Magazine
(partial)
Redskins v. Giants, Nov. 29, 1964, front cover, Todays
Draft is All Work and No Play, & On the Warpath, at 1, 5
53, pp. 28-30

29 Magazine
(partial)
Redskins v. Steelers, date illegible, front cover, On the
Warpath, at 5
53, pp. 31-32

29 Press guide
front cover
29 Magazine
(partial)
Redskins v. Browns, Sept. 19, 1965, front cover, On the
Warpath, Marriott advertisement & Coia Wins Shrine
Award, at 5, 24, 43
53, pp. 34-37
(dup pages)
29 Magazine
cover
Redskins v. Cardinals, Oct. 10, 1965, front cover 54, p. 4
29 Magazine
cover
Redskins v. Colts, Oct. 17, 1965, front cover 54, p. 5
29 Magazine
(partial)
Redskins v. Cowboys, Nov. 28, 1965, front cover, &
Kanns advertisement, at 29
54, pp. 6-7
29 Magazine
cover
Redskins v. Giants, Dec. 12, 1965, front cover 54, p. 8
29 Magazine
(partial)
Redskins v. Steelers, Dec. 19, 1965, front cover, Here are
the Redskins Stars of Tomorrow, & Kanns advertisement
at 3, 29
54, pp. 9-11
29 Press guide
front cover
29 Magazine
(partial)
Redskins v. Browns, Sept. 11, 1966, front cover, National
Bohemian Beer, Hersons, Walton & Hoke Commercial
Art, & Hot Shoppes advertisements, at 13, 53, 78, 81
54, pp. 13-17

29 Magazine
cover
Redskins v. Steelers, Oct. 2, 1966, front cover 54, p. 18
29 Magazine
cover
Redskins v. Falcons, Oct. 9, 1966, front cover 54, p. 19
29 Magazine
(partial)
Redskins v. Cardinals, Oct. 23, 1966, front cover,
Redskinettes photo, at 32
54, pp. 20-21

29 Magazine
cover
Redskins v. Cowboys, Nov. 13, 1966, front cover 54, p. 22
29 Magazine
cover
Redskins v. Giants, Nov. 27, 1966, front cover 54, p. 23
29 Magazine
cover
Redskins v. Eagles, Dec. 18, 1966, front cover 54, p. 24
29 Magazine
cover
1967 Redskins Football Magazine, front cover 54, p. 25
29 Press guide
(partial)
1967 Redskins, front cover, listed game schedule, fight
song lyrics, history by key dates, at 1, 3, 7
54, pp. 26-30
(dup pages)
29 Program
(partial)
Redskins v. N.Y. Giants, Oct. 1, 1967 front cover, Tepee
Pow-Wow, at 78-79
55, pp. 4-6


115

NR
Ex.
Ref. No.
29 Magazine
(partial)
Redskins v. Colts, Oct. 29, 1967, front cover, photo of
marching band, & Natl Bohemian Beer advertisement
55, pp. 7-10
(dup pages)
29 Magazine
cover
1968 Redskins Football Magazine, front cover 55, p. 11
29 Press guide
front cover
29 Magazine
(partial)
Redskins v. Steelers, Oct. 13, 1968, front cover, photo
entitled Here comes No. 9 (also shows marching band), at
75
55, pp. 13-14
29 Magazine
photo
Redskins v. Steelers, Nov. 17, 1968 (not on copy),
Cowboys and Redskins are the Best Western Ever
(partial), at 5
55, p. 15
29 Magazine
photo
Photo entitled Let It Snow; Let It Snow, at 5; photos of
Redskinettes, at 81, undated
55, pp. 16-17
29 Press guide
front cover
29 Magazine
(partial)
Redskins v. Brown, Sept. 6, 1969, front cover, Natl
Bohemian Beer & Am. Sec. & Trust Co. advertisements
55, pp. 19-21
29 Magazine
cover
Redskins v. Giants, Oct. 19, 1969 (not on copy), front
cover
55, p. 22
29 Press guide
(partial)
1970 Redskins, front cover, & game schedule listing, at 1 55, pp. 23-24
29 Magazine
advertisement
Am. Sec. & Trust Co. advertisement, Pro! Magazine, Oct.
11, 1970 (not on copy), at 7
55, p. 25
29 Magazine
cover
Redskins v. Cardinals, Dec. 20, 1970, front cover, Pro!
Magazine
55, p. 26
29 Press guide
(partial)
1971 Redskins, front cover, & 1970 final league standings 55, pp. 27-28
29 Magazine
cover
1971 Redskins Football Magazine, front cover, Redskins
Magazine table of contents, undated, at 3
55, pp. 29-30
29 Magazine
(partial)
1972 Redskins, front cover, table of contents, Sept. 24,
1972, at 3
73, pp. 4-5
29 Magazine
(partial)
Table of contents, & Whats in a Nickname, Pro!
Magazine, Nov. 20, 1972, at 3, 3A-5A
73, pp. 6-9
29 Magazine
(partial)
Division Playoff: Redskins vs. Green Bay Packers, front
cover, table of contents, photo entitled Game XIV
Buffalo Bills vs. The Redskins, Pro! Magazine, Dec. 24,
1972, at 3, 26-27
73, pp. 10-14
(dup page)
29 Magazine
(partial)
Redskins vs. Cardinals, Pro! Magazine, Oct. 21, 1973 (not
on copy), front cover, & photo entitled Game 4Cowboys
and Indians, at 83, photo entitled Game 4Cowboys
Scalped, at 85, photo entitled Game 4The Promised
Land, at 86
73, pp. 15-18
(dup page)

116

NR
Ex.
Ref. No.
29 Magazine
article
Redskins vs. Giants, front cover, Morris Siegel, George
Preston Marshall: Master Showman, Mastermind, Pro!
Magazine, Dec. 2, 1973, at 3C-5C, 7C
73, pp. 19-24
29 Magazine
(partial)
Redskins vs. Eagles, front cover, table of contents, at 3, &
photo under heading Game 15Disaster in Dallas, at 39-
41, Pro! Magazine, Dec. 16, 1973
73, pp. 25-31
(dup page)
29 Magazine
(partial)
1974 Redskins, front cover, Redskins vs. Cardinals, front
cover, table of contents, News & Notes from Around the
NFL, Pro! Magazine, Sept. 22, 1974, at 5, 16-17
74, pp. 4-8
29 Magazine
(partial)
Redskins vs. Giants, front cover, News & Notes, Pro!
Magazine, Sept. 28, 1975, at 6
74, pp. 9-10
29 Magazine
(partial)
Table of contents, partial article with caricature, Pro!
Magazine, Nov. 23, 1975, at 7, 11
74, pp. 11-12
29 Yearbook
(partial)
Redskins 76 Yearbook, front cover, table of contents,
photo of marching band, Its Halftime (photo illegible), at
85
74, pp. 13-16
29 Yearbook
(partial)
Redskins 77, front cover, photo showing team helmets,
advertisements
74, pp. 17-19
29 Press guide
(page)
1970s team & coaching achievements, at 94 74, p. 20
29 Press guide
(partial)
1979 Redskins, front cover, & Jefferson Hotel
advertisement
74, pp. 21-22
29 Magazine
(partial)
Redskins Edition, Dallas v. Washington, front cover, &
Greenhouse Lowes LEnfant Plaza Hotel advertisement,
Pro! Magazine, Sept. 8, 1980
74, pp. 23-24
29 Magazine
(partial)
Redskins Edition, New Orleans v. Washington, front
cover, & Greenhouse Lowes LEnfant Plaza Hotel
advertisement, Pro! Magazine, Oct. 26, 1980
74, pp. 25-26
29 Magazine
(partial)
Redskins Edition, St. Louis v. Washington, front cover, &
photos, Pro! Magazine, Nov. 1, 1981
74, pp. 27-29
(dup page)
29 Yearbook
(partial)
1982 NFL Champion Redskins , The Season of Respect,
front cover, Leonard Shapiro, At RFK, the Crowds were
Pleasers All Season, undated
74, pp. 30-31
29 Yearbook
(partial)
Hail to the Redskins, Official 1983 Team Yearbook, front
cover, photos and one article
56, pp. 4-9
29 Program
(partial)
Gameday, front cover, Ronn Levine, Redskins Band . . .
NFLs First and Still the Best, at L41, Evans
advertisement featuring Redskins merchandise, Aug. 12,
1983
56, pp. 10-13
(dup page)

29 Program
photo
Photo entitled Three Cheers for the Redskinettes,
Gameday (not on copy), Sept. 18, 1983 (not on copy)
56, p. 14
29 Program
photos &
cartoon
Photos under title The Fan-atacism for the Redskins, &
cartoon, Gameday (not on copy), Nov. 27, 1983 (not on
copy), at L-16, L-39
56, pp. 15-16

117

NR
Ex.
Ref. No.
29 Yearbook
(partial)
Hail to the Redskins, Official 1984 Team Yearbook, front
cover, table of contents, fight song, photos of
Redskinettes, singers, and marching band
56, pp. 17-23
(dup pages)

29 Yearbook
(partial)
Washington Redskins, Official 1985 Team Yearbook,
front cover, & photo of marching band, at 6
56, pp. 24-25
29 Program
(partial)
Gaithersburg (Md.) Redskins Fever, front cover, &
marching band members, at 11, Aug. 20, 1985
75, pp. 4-5
29 Program
(partial)
Gameday, front cover, Steve Guback, When It Came to
Fightin Cowboys, No Redskin Flung Arrows Mightier
than Talbert, & photos of stadium and marching band,
Oct. 19, 1986, at L19, L25, L55
75, pp. 6-13
(dup pages)

29

Yearbook
(partial)
Washington Redskins, Official 1987 Team Yearbook,
front cover, & photos of Redskinettes & pageantry
75, pp. 14-17

29 Yearbook
(partial)
1937-1986 Washington Redskins, Official 50th [1987]
Anniversary Team Yearbook, front cover, reproduction of
historic cartoon, photo, & 1947 game advertisement for
Redskins vs. Giants at the Polo Grounds
75, pp. 18-20
29 Program
(partial)
Gameday, front cover, table of contents, & reproduction of
1958 program cover, Nov. 15, 1987, at 3, 19
75, pp. 21-23

29 Yearbook
(partial)
Official Yearbook of the 1988 World Champion
Washington Redskins, front cover, & photos of marching
band
75, pp. 24-25;
57, pp. 4-5 (dup
pages)
29 Press guide
(partial)
1988 Washington Redskins, front cover, history by key
dates, at 222
57, pp. 6-7
29 Program
advertisement
The 12th Man advertisement for Redskin souvenirs in
Aug. 15, 1988 issue of Gameday (not on copy)
57, p. 8
29 Yearbook
(partial)
Official 1989 Yearbook of the Washington Redskins, front
cover, Paul Denfeld, Hail to the Band, & photos of
marching band, at 92-95
57, pp. 9-13
29 Press guide
(partial)
1989 Washington Redskins, front cover, history by key
dates, at 239-40
57, pp. 14-16
29 Program
(partial)
Photos under title From Cheering to Charity . . . ,
Gameday (not on copy), Aug . 25, 1989 (not on copy), at 13
57, p. 17

29 Program
(partial)
Gameday, front cover, Paul Denfeld, Hail to the Band, &
photos of marching band, Sept. 11, 1989, at 13, 15, 17
57, pp. 18-21
29 Yearbook
cover
Washington Redskins Official 1990 Yearbook, front cover 57, p. 22

30 Yearbook
(complete)
1937-1986 Washington Redskins, Official 50th [1986]
Anniversary Team Yearbook
58, pp. 5-27,
59, pp. 4-32,
76, pp. 4-27,
60, pp. 4-26,
61, pp. 4-18

118

NR
Ex.
Ref. No.
N/A

Yearbooks
(partial)
Cooke Dep. Ex. 9: Washington Redskins, Official 1987
Team Yearbook, Limited Edition, front cover, & & photos
of players in uniform, marching band, Redskinettes &
pageantry, & 1937-1986 Washington Redskins, Official
50th [1987] Anniversary Team Yearbook, images of 6
helmets bearing various logos, reproduction of historic
cartoon, articles, 1947 game advertisement for Redskins
vs. Giants at the Polo Grounds, fight song lyrics, & photos
of players in uniform, marching band, Redskinettes &
pageantry
66, pp. 4-17

LEGISLATIVE MATERIALS
90 Hearing
summary &
statements
Comm. on Natural Res., Subcomm. on Natl Parks,
Forests & Public Lands, to authorize the construction,
maintenance, and operation of a new stadium in the
District of Columbia, and for other purpose, Nov. 5, 1993
95, pp. 35-43,
45-46
LYRICS, MUSIC FOLIOS & SHEET MUSIC
27 Music folio Al Stillman & Al Jacobs, Rosie the Redskin, 1938 50, pp. 26-31
28 Lyrics
(partial)
Hail to the Redskins! lyrics, in Washington Redskins
50th Anniversary Yearbook
50, p. 33
28 Sheet music Corinne Griffith (Marshall) & Barnee Breeskin, Hail to
the Redskins
50, p. 36
28 Lyrics Hail to the Redskins! Lyrics, in 1962 Washington
Redskins game program
50, pp. 37-38
28 Lyrics Hail to the Redskins! Lyrics, in Pro!, Nov. 21, 1971, at 3 50, p. 39
MARKETING MATERIALS
6 Marketing
materials
Images of Redskins merchandise (with other NFL team
merchandise)
67, pp. 165-82
MISCELLANEOUS
22 Misc. Peter Tamony Collection, clippings, undated & typed
definitions, unsourced, from W. Hist. Manuscript
Collection, Univ. of Mo.
72, p. 33
22 Misc. Red Indians entry from Brewers Dictionary of Phrase &
Fable, undated, pp. 757-59, from W. Hist. Manuscript
Collection, Univ. of Mo.
72, p. 34-35
25 NFL Films
transcript
(partial)
Pages 1 and 9 of narration tracked on HAIL TO THE
REDSKINS 1937-1988 (NFL Films), at 0:33-3:25, 18:37-
21:42, the DVD of which was also submitted as
Petitioners Notice of Reliance, Ex. 95
50, pp. 19-20
32 File folder
label (print)
Pro-Football, Inc. Re: Indian Complaints (re: use of name
Redskins), William & Connelly (law firm)
77, p. 5

119

NR
Ex.
Ref. No.
173 Internet
homepage
Copy Editor Home Page, https://www.copyeditor.com
(accessed Sept. 2, 1997)
109, p. 173
N/A Note Gross Dep. Ex. 32.006: Mar. 1972 meeting attendance list 105, p. 69
N/A Coin LaFromboise Dep. Ex. 7: Indian head nickel (1937);
As Stevens Dep. Ex. 7
108, p. 85;
(dup) 94, p. 107
N/A Court
document
Ross Dep. Ex. 165: Prefiled Direct Testimony of Dr. Jacob
Jacoby, Mead Data Central, Inc. v. Toyota Motor Sales,
U.S.A., Inc., CA No. 88-2854 (S.D.N.Y.)
93, pp. 51-83
N/A Court
document
Ross Dep. Ex. 167: Initial Decision, FTC v. Kraft (Apr. 3,
1989) (partial) & related material
93, pp. 98-103
N/A Brochure Stevens Dep. Ex. 11: Bureau of Indian Affairs, U.S. Dept
of the Interior, You Asked About . . . Indian Ancestry,
with BIA Area Office Listing
94, pp. 115-16
N/A Packaging Stevens Dep. Ex. 13: Image of Argo-brand corn starch box 94, p. 121
N/A Packaging Stevens Dep. Ex. 14: Image of Land OLakes-brand carton 94, p. 123
PERIODICAL MATERIALSADVERTISING/MARKETING BY THIRD PARTIES,
INCLUDING ITEMS IN THIRD-PARTY PUBLICATIONS
11 Newspaper
advertisement
Hechts Dept Store advertisement, undated and
unidentified publication
68, p. 43
11 Newspaper
advertisement
Woodward & Lothrop advertisement, WASH. POST, date
illegible
69, pp. 7-8
16 Newspaper
advertisement
Janie advertisement (Broadway show), N.Y. TIMES, Oct.
29, 1942 (handwritten)
70, p. 62
16 Navy Bureau
of Personnel
brochure
Discount tickets sponsored by Navy for Redskins v.
Browns at Griffith Stadium, Nov. 17, 1957
70, p. 66
16 Newspaper
announcement
Charlotte News, The Redskins are Coming!, Event
announcement for Aug. 29, 1959
70, p. 69
20 Poster Concerned Am. Indian Parents, How Would You Like It?
(shows pennants with racial slurs & Cleveland Indians
with Chief Wahoo)
48, p. 89
80 Brochure HONOR, Inc., What is the Point to all of this
Protesting? . . . A Primer, 1992
91, pp. 203-06
N/A Brochure Hirschfelder Dep. Ex. 2: Brochure of consultation
services in Native Am. Studies
106, pp. 13-16
PERIODICAL MATERIALSCARTOONS
15

Cartoon Jim Berryman, Wonder How Well Get Along, reprinted
from Wash. Star, 1937, undated and unidentified source
(on Redskins move to DC from Boston);
70, p. 28;

(dup)
66, p. 48

120

NR
Ex.
Ref. No.
16 Cartoon Jim Berryman, Hey! Are These Two Gonna Start Given
Me Trouble?, undated and unidentified publication (circa
1940s) (on popularity of Georgetown/GW football versus
Redskins)
70, p. 51
16 Cartoon Jim Berryman, Cmon Out and Play Chief!, undated and
unidentified publication (circa 1940s) (on injuries and
trade rumors regarding Redskins)
70, pp. 52,
(dup) 55
16 Cartoon Reinert cartoon, Rams to Fight Bring Cleveland its
Second Pro Football Title, undated and unidentified
publication (circa 1947) (on path to title)
70, p. 53
16 Cartoon Cartoon, undated and unidentified publication (point of
cartoon is unknown)
70, p. 54
16 Cartoon Jim Berryman, Red, WhiteAnd Blue!, undated and
unidentified publication (circa 1940s) (Redskins gloom
over loss of Eastern title game)
70, p. 56
16 Cartoon Jim Berryman, A Bold ChallengeWith Reservations!,
undated and unidentified publication (circa 1940s) (team
limitations)
70, p. 57
16 Cartoon Crockett, The Vanishing American, EVENING STAR
(Wash.), Dec. 9, 1940 (Redskins lose 73-0)
70, pp. 58-59
16

Cartoon Jim Berryman, Still SittingBut Not Pretty!, EVENING
STAR (Wash.), Nov. 17, 1941 (handwritten) (Bears
challenging Redskins);
70, p. 60

(dup)
66, p. 27
16

Cartoon Jim Berryman, Hang On Boy, He Might Stumble, WASH.
POST, Nov. 17, 1941 (handwritten) (Redskins unafraid of
Giants);
70, p. 61;

(dup)
66, p. 28
16 Cartoon

Jim Berryman (caption cut-off), EVENING STAR (Wash.),
Oct. 19, 1943 (handwritten) (point of cartoon is
unknown);
70, p. 64;
(dup)
66, p. 24
16 Cartoon

Jim Berryman, No Time For Shadow Boxing, EVENING
STAR (Wash.), Nov. 14, 1943 (handwritten) (Redskins v.
Lions);
70, p. 65;

(dup)
66, p. 23
16

Cartoon Jim Berryman, Full of FoodAnd Fight!, unidentified
publication, Nov. 24, 1950 (handwritten) (Bears winning
history);
70, p. 67;

(dup)
66, p. 29
16

Cartoon Redskins 1960, undated and unidentified publication
(team wins);
70, p. 70;
(dup)
66, p. 25

121

NR
Ex.
Ref. No.
16 Cartoon F. Becerra, The Medicine Man, Yonkers Herald
Statesman, Feb. 7, 1969 (Lombardi brings bottled GB
medicine to DC)
70, p. 73
16

Cartoon Viewpoints, FORT WORTH STAR TELEGRAM (Tex.), Nov.
21, 1979, at 14A (Indian runs away with the turkey as
prize);
70, p. 74;

(dup)
66, p. 26
16 Cartoon Garner, Editorial, WASH. TIMES, 1988 (scalped man
saying I got tickets to the playoff!)
70, p. 75
16 Cartoon Anne Arundel Viewpoints, BALT. SUN, Dec. 18. 1994, at
B4 (Cooke on a rocking horse wishing for Laurel stadium)
70, p. 76
22 Cartoon The Indian Messiah [in Four Acts], ROCKY MTN. NEWS,
Nov. 19, 1890
49, pp. 34-35
22 Cartoon High Lights of History: Colorados Indian Policy1864,
ROCKY MTN. NEWS, undated (Governors proclamation to
friendly Indians to gather at Indian Agencies and keep
away from hostile Indians)
72, p. 31
22 Cartoon Social Life in the Occident: A Western House-Warming,
PUCK, undated (images suggestive of violence and
alcoholism)
72, p. 32
PERIODICAL MATERIALS SOURCED & DATED
11 Newspaper
photo &
headline
Redskins Offensive Line Ready to Hit Warpath in Old
D.C. Today, TIMES-HERALD, Oct. 12, 1952
68, p. 73
11 Newspaper
article
(partial)
Dave Slattery, Tribe Quarterbacks Go Back to School,
WASH. DAILY NEWS, Aug. 8, 1952, first part of article only
68, p. 75
11 Newspaper
article
Dave Slattery, The Redskins Resembled Cigar Store
Indians, WASH. DAILY NEWS, Oct. 6, 1958;
68, p. 83;
(dup)
92, p. 157
11 Newspaper
article
N. P. Clark, Speedy Steeds Outrun, Outgun Injuns, BALT.
NEWS-POST, Oct. 27, 1958
68, pp. 84-85
11 Newspaper
article
Tom Yorke, Redskins First in Trail-Blazing, WASH. DAILY
NEWS, Apr. 14, 1959
68, p. 86
11 Newspaper
article
Max Muhleman, Beware, Colts! Redskins in Ambush,
CHARLOTTE (N.C.) NEWS, Nov. 7, 1959
68, p. 87
11 Newspaper
article
Tom Yorke, Brass Seeks Answers, WASH. DAILY NEWS,
Nov. 10, 1960
68, p. 92
11 Newspaper
article
Tom Yorke, Colts Are Scalping Redskins at the Gate,
WASH. DAILY NEWS, May 23, 1961;
68, p. 93;
(dup)
92, p. 160
11 Newspaper
photo & ledger
The New Indian Rope Trick, WASH. DAILY NEWS, July 31,
1961
68, p. 94

122

NR
Ex.
Ref. No.
11 Newspaper
article
Tom Yorke, Our Injuns Get Tuneup; Sonny the Spark
Plug, WASH. DAILY NEWS, Oct. 25, 1965
68, p. 100
11 Newspaper
headline &
photo
Skins Scalp Giants, 23-7, DAILY NEWS (N.Y.), Nov. 8,
1965;
68, p. 101;

92, p. 161
11 Newspaper
article
Tom Yorke, Directors Meet Next Week; McPeak is Facing
the Tomahawk, WASH. DAILY NEWS, Dec. 16, 1965, at E-
1, E-4;
68, p. 102;

(dup)
92, p. 165
11 Newspaper
article
Tom Yorke, Did Tribe Panic on Paluck Deal?, WASH.
DAILY NEWS, Aug. 18, 1966, at 36
68, p. 103
11 Newspaper
article
Dave Brady, Redskins Scalp 49ers, Plan Cowboy Ambush,
PRO FOOTBALL WEEKLY, Nov. 13, 1967, at 5, copy illegible
68, p. 104
11 Newspaper
article
Bob Levey, A Redskin Salesman Gets Scalped, WASH.
POST, Oct. 21, 1985 (handwritten)
69, p. 9
11 Newspaper
article
Martie Zad, Redskins Back on the Warpath, WASH. POST,
Aug. 5, 1990 (handwritten);
69, p. 11;
(dup)
92, p. 164
12 Newspaper
article
ACC Wont Puff on GPs Peace Pipe, WASH. DAILY NEWS,
Dec. 3, 1949, at 19
69, p. 31
12 Newspaper
photo
EVENING STAR (Wash.), Sept. 22, 1959, at A-17 69, p. 39
12 Newspaper
article
Tom Seppy, Skins Pow, Wow Fading?, DALLAS MORNING
(handwritten), Nov. 21, 1978 (handwritten)
69, p. 43
13 Newspaper
photo, article
(partial)
Blain Harden, 500,000 Frenzied Fans Revel in the Rain
for Redskins, WASH. POST, at A1
69, p. 48
13 Newspaper
article, photos
Patricia E. Bauer & John Mintz, Unbelievers in an Alien
Land, WASH. POST, Jan. 11, 1981, at A8
69, pp. 49-50
13 Newspaper
article, photo
June Cook, The Chief of Victory, GREAT TIMES, Aug. 25,
1983, at 7
69, p. 51
13 Newspaper
article, photo
Martin Kimel, The Lullaby of Washington, WASH. POST,
Jan. 31, 1991 (handwritten)
69, p. 57
13 Newspaper
article
(partial)
Valerie Lynn Dorsey, Indian Mascots Stir Sensitivity
Debate, USA TODAY, Oct. 23, 1991 (handwritten)
69, p. 58
13 Newspaper
article, photo
Kara Swisher, Undefeated Skins Fans on the Store Path,
WASH. POST, Oct. 26, 1991 (handwritten)
69, p. 59
13 Newspaper
article, photo
Bob Molinaro, Redskins Leave No Doubts, Virginian-Pilot
(Va.-N.C.), Jan. 27, 1992
69, pp. 61-62
13 Newspaper
article, photos
Lorraine Woellert, Movable Feats: Redskins Fans Bring
Party to Parking Lots at RFK, Sept. 5, 1994, at C4
69, p. 64

123

NR
Ex.
Ref. No.
16 Newspaper
article &
cartoon
Tom Yorke, Jurgensen to be Out Two to Three Weeks,
WASH. DAILY NEWS, Aug. 5, 1964, at 39 (cartoon shows
caricature of QB with arm around Indian caricature)
70, p. 71
16 Newspaper
article
Tom Yorke, Redskins Dont Figure to be as Nervous
Without Pervis, WASH. DAILY NEWS, Oct. 14, 1965
(handwritten)
70, p. 72
17 Newspaper
article
Redskins Marshall Under Fire Again, WASH. DAILY
NEWS (handwritten), Jan. 18, 1957 (handwritten)
48, p. 5
17 Newspaper
articles
Jack Eisin, Marshall Warned on Color Bar, & Dave
Brady, Marshall Willing to Debate with President on
Negro Players, WASH. POST, Mar. 25, 1961
48, p. 8
17 Newspaper
article
New Look for the Redskins, AUGUSTA CHRONICLE (Ga.)
(handwritten), Mar. 29, 1961 (handwritten)
48, p. 11
17 Newspaper
article
This Morning . . . with Shirley Povich, WASH. DAILY
NEWS, Apr. 27, 1961 (handwritten)
48, p. 12
17 Newspaper
article
Dave Brady, Administration Chided Over Skins, WASH
POST, May 5, 1961 (handwritten)
48, p. 13
17 Newspaper
article
Gene Markham, Skins Owner Knows About African
Problem, TIMES-HERALD (Newport News, Va.), May 12,
1961, at 2
48, p. 14
17 Newspaper
article
Udall Standing Pat on Integration of Redskins this Fall,
& Tom Yorke, Grid Game on TV Here, WASH. DAILY
NEWS, June 27, 1961
48, p. 15
17 Newspaper
article
Lewis F. Atchison, Marshall Loses High First with Udall
on Racial Issue: NFL Head gets Redskin Pledge to use
Negros, EVENING STAR (Wash.), Aug. 15, 1961
48, pp. 16-17
17 Newspaper
article
UPI, George Marshall, Redskin Chief, Dies, PITTSBURGH
PRESS (Pa.), Aug. 10, 1969
48, p. 18
17 Newspaper
article
Dave Brady, Mitchell Broke Color Line and Records for
Redskins, JERSEY JOURNAL (NJ), Sept. 9, 1969
48, p. 19
18 Newspaper
article
Tom Quinn, Redskins, Rednecks, WASH. DAILY NEWS,
Nov. 5, 1971
48, p. 24
18 Newspaper
article
Tom Quinn, Indians are Starting to Fight Back, WASH.
DAILY NEWS, Jan. 28, 1972, at 72
48, p. 27
18 Newspaper
article
Morris Siegel, Siegel at Large, WASH. STAR, Jan. 26, 1972
(handwritten), at A-1, A-3
48, p. 28
18 Newspaper
article
Russ White, No Reservations, Williams' Answer: What's
In A Name?, EVENING STAR (Wash.), Jan. 27, 1972
48, p. 29
18 Newspaper
article
Tom Quinn, Redskins Face Suit, & Tom Quinn, The
Quest for Dignity, WASH. NEWS (handwritten), Feb. 18,
1972 (handwritten), at 107
48, p. 30
18 Newspaper
article
Tom Quinn, What's in a nickname? In Washington, plenty
of trouble, possibilities, WASH. DAILY NEWS
(handwritten), Feb. 29, 1972 (handwritten)
48, p. 31

124

NR
Ex.
Ref. No.
18 Newspaper
article
Tom Quinn, More on the Redskins, WASH. DAILY NEWS,
Mar. 22, 1972
48, p. 32
18 Newspaper
article
Tom Quinn, Williams, Indians in Showdown, WASH.
DAILY NEWS, Mar. 30, 1972, at 53
48, p. 33
18 Newspaper
article
Steve Guback, Indians Take On Williams, WASH. STAR
(handwritten), Mar. 30, 1972 (handwritten)
48, p. 34
18 Newspaper
article
Shelby Coffey III, Indians Open War on Redskins, WASH.
POST, Mar. 30, 1972, at F1
48, pp. 35,
(dup) 85
18 Newspaper
article
George Solomon, Redskins Keep Names, Will Change
Lyrics, WASH. POST , July 18, 1972 (handwritten)
48, p. 36
18 Newspaper
article
Steve Guback, Time Will Tell- Allen on Redskins: Could
be the Best, EVENING STAR (Wash.), Nov. 14, 1972
48, p. 37
18 Newspaper
article
Steve Guback, Dallas Favored by 6- Allen: No Letup Rest
of the Way EVENING STAR (Wash.), Dec. 5, 1972
48, p. 38
19 Letter to the
editor
Emily Thurocey, Change the Name, WASH. POST (typed),
Aug. 12, 1987 (typed)
48, p. 40
19 Letters to the
editor
The Redskins Name (Contd.), Christopher Burke, Arthur
Stambler, WASH. POST, Aug. 28, 1987 (handwritten)
48, p. 41
19 Newspaper
editorial
Tim Giago, If the Name Redskins Doesn't Bother Team
Owner, How About Blackskins?, SIOUX FALLS ARGUS
LEADER (handwritten), Feb. 21, 1988 (handwritten)
48, p. 42
19 &
23

Newspaper
article
Leonard Shapiro, Offensive Penalty is Called on
Redskins - Native Americans Protest the Name, WASH.
POST, Nov. 3, 1991, at D1, D9
(reprinted) 48,
pp. 47-48;
72, pp. 52-53
19 Newspaper
article
Benjamin Alexander Jr., Why This Football Lover Passed
up the Super Bowl, WASH. POST, Feb. 23, 1992 [not on
copy]
48, p. 49
19 Newspaper
article
Les Suzukamo, Indians Plan Super Protest of Redskins
Name, ST. PAUL PIONEER PRESS, Jan. 22, 1992
48, p. 50
19 Newspaper
commentary
K. R. Clark, Whats In a Name? A Redskin by . . . ,
PENTAGRAM, Feb. 6, 1992, at 10
48, p. 51
19 Newspaper
article
Claude Lewis, The Name 'Redskins' is a Loser, PHIL.
INQUIRER, Mar. 2, 1992
48, p. 52
19 Newspaper
article
Vincent McCraw, Indians, Friends Huddle up on Effort to
Spike Redskins Name, WASH. TIMES, Mar. 4, 1992
(handwritten), at B1, B6
48, pp. 53-54
19 Newspaper
commentary
Dick Heller & Tom Knott, Should the Redskins Change
Their Name, WASH. TIMES, Mar. 4, 1992 [not on copy], at
D1, D6
48, pp. 55-56
19 Newspaper
article
Leonard Shapiro, WTOP Wont Say Redskins, WASH.
POST, Mar. 15, 1992 (handwritten), at D1, D13
48, pp. 57-58
19 Newspaper
article
Associated Press, NAACP Objects to Redskins; Chief
Doesnt, N. VA. DAILY (typed), Aug. 5, 1992 (typed)
48, p. 59

125

NR
Ex.
Ref. No.
19 Newspaper
article
Mayor favors renaming Redskins, WASH. TIMES, Aug. 24,
1993
48, p. 64
19 Newspaper
article
Suzanne Fields, Gridiron Tepee of Sensitivity, WASH.
TIMES, Aug. 30, 1993, at E1, E4
48, p. 65
19 Newspaper
article
Ruben Castaneda, Protesters Condemn Redskins Name,
WASH. POST, Sept. 7, 1993 (handwritten)
48, p. 66
19 Newspaper
article
Serge F. Kovaleski, Delays Push Back Stadiums Chances
for 1995 Opening, WASH. POST, Oct. 28, 1993
(handwritten), at C1-C2
48, pp. 67-68
19 Newspaper
article
Mark Fitzgerald, Drop Indian Sports Terms, Minorities
Say, EDITOR & PUBLISHER, Aug. 13, 1994
48, p. 69
19 Newspaper
article
Richard Leiby, Bury My Heart at RFK How the
Redskins Got Their Name and Why Just Maybe it Should
be Changed, WASH. POST, Nov. 6, 1994, at F1, F4-F5
48, pp. 70-74
20 Newspaper
article
Dartmouth Loses Its Indian Mascot, N.Y. TIMES, Oct. 12,
1969
48, pp. 83-84
20 Newspaper
article
Shelby Coffey III, Indians Open War on Redskins, WASH.
POST, Mar. 30, 1972, at F1
48, pp. 85-87
20 Magazine
article
Reprint of Calvin Trillin, U.S. Journal: Hanover, N.H.,
The Symbol is a Symbol, NEW YORKER, May 7, 1979
48, p. 88
20 Newspaper
article
Ron Martz, Stereotypes of Indians Ingrained in America,
ATL. J-CONST., Dec. 7, 1986 (handwritten), at 1A, 16A.
48, pp. 90-91
20 Newspaper
article
Don Boxmeye, Humboldt Urged to Leave Indians in
Peace, ST. PAUL PIONEER PRESS DISPATCH, Nov. 29, 1987
48, p. 92
20 Newspaper
article
Elmer M. Savilla, Sticks and Stones & Names All Hurt,
LAKOTA TIMES, 1988
48, p. 96
20 Publication
article
Associated Press, Group Calls Indian Name Racist,
WATERTOWN PUBLIC OP. (handwritten), Jan. 1988
48, p. 97
20 Publication
article
Associated Press, Indian Group Fights Racist Team
Names, ST. CLOUD DAILY TIMES (handwritten), Jan. 1988
[not on copy]
48, p. 98
20 Newspaper
article
Mark Grossman, Redskins Irks Indians; Protest Planned,
FAIRFAX J. (Va,), Jan. 21, 1988 (handwritten), A1, A6
48, pp. 99-100
20 Newspaper
editorial
Clarence Page, It'll Be the Broncos vs. a Racial Slur,
CHICAGO TRIBUNE, Jan. 24, 1988, at C3
48, p. 101
20 Newspaper
editorial
Paul O. Sand, Do Not Continue to Smear American
Indians in Team Names, ST. PAUL PIONEER PRESS
DISPATCH, Jan. 28, 1988, at 17A
71, p. 4
20 Newspaper
commentary
Pat Helmberger, Consider Religious Significance,
PIONEER (Bemidji, Minn. (handwritten)), Feb. 5, 1988
(handwritten)
71, p. 6
20 Newspaper
article
Amy Brooks Baker, Redskins Won? Not if This Group has
Anything to Say About it!, CHRISTIAN SCIENCE MONITOR,
Feb. 5, 1988
71, p. 7

126

NR
Ex.
Ref. No.
20 Newspaper
editorial
Bob Bernotas, Sports Corner, and D.C. Group Tackles the
Redskins, BALT. JEWISH TIMES, Feb. 12, 1988, at 64-65
71, pp. 8-9
20 Publication
column
Don Coldsmith, Horsin Around: Racism Topic of Athletic
Concern, GRASS & GRAIN (Kan.), Mar. 8, 1988
71, p. 10
20 Newspaper
editorial
Richard Cohen, Critic at Large: Redskin Reservations,
WASH. POST, Apr. 17, 1988
71, p. 11
20 Newspaper
editorial
Tim Thornton, No Humor Found in Ignorance,
WINCHESTER STAR (Va.) (handwritten), June 2, 1988
(handwritten)
71, pp. 12-13
20 Magazine
editorial
Rick Telander, This Was a Magic Year, SPORTS
ILLUSTRATED, Dec. 26, 1988 (handwritten), at 168
71, p. 14
20 Student
newspaper
editorial
Sam Thorp, Mascot Could be Part of Bigger Problem, THE
PENN, Dec. 8, 1989, at 7
71, p. 15
20 Newspaper
editorial
Colman McCarthy, Now It's Time for the Braves to Chop
that Offensive Name, WASH. POST, Nov. 2, 1991, at A23
71, p. 18
20 Newspaper
editorial
Nancy Butterfield (Chippewa Indian), Indians Still a
Long Way From Racial Equality, SEATTLE TIMES, Jan.
21, 1991 (handwritten), at A13
71, p. 22
20 Newspaper
commentary
Sen. Paul Simon, Plight of Native Americans Needs New
Understanding, CHAMPAIGN-URBANA NEWS-GAZETTE
(Ill.), Mar. 24, 1991
71, p. 23
20 Newspaper
commentary
Steve Christllaw, Native Americans Sensitive to Slurs,
SEATTLE TIMES, Oct. 21, 1991, at D1, D6
71, p. 27
20 Newspaper
article
Richard Keil, Redskins Next Target of Indians, RAPID
CITY J. (S.D.), Oct. 23, 1991
71, p. 28
20 Newspaper
article
Associated Press, Chop Splits Braves Fans, RAPID CITY
J. (S.D.), Oct. 23, 1991
71, p. 28
20 Newspaper
article
Valerie Lynn Dorsey, Native Americans Say Teams Turn
People Into Mascots, USA TODAY, Oct. 23, 1991
71, pp. 29-31
20 Magazine
editorial
Rick Reilly, Lets Bust Those Chops: Native Americans
Have Every Reason to Object to the Way Theyre
Caricatured by Teams, SPORTS ILLUSTRATED
(handwritten), Oct. 28, 1991 (handwritten), at 110
71, p. 32
20 Newspaper
article
Pat Doyle, Chop is Spreading, but Indians Disagree on
What is Offensive Most Decry 'Redskins Nickname, STAR
TRIBUNE (Minn.), Nov. 1, 1991, at 2B
71, p. 21
71, pp. 33-35

20 Newspaper
article
Elmer Savilla, Redskins Should Go Says Virginia
Governor, LAKOTA TIMES (not shown on copy), Nov. 6,
1991
71, p. 36
20 Newspaper
article
Associated Press, Journalist Unprepared for Reservation
Visit, FORUM (Fargo, N.D.), Nov. 20, 1991, at A5
71, p. 37
20 Newspaper
editorial
Redskins, Braves: Listen to Those You've Offended, USA
TODAY, Nov. 25, 1991
71, p. 38

127

NR
Ex.
Ref. No.
20 Magazine
editorial
Norris Hite Jr., Understanding and Respect, NSBE, Jan.
1992, p. 12
71, p. 43
20 Newspaper
editorial
Edward Lazarus, Redskins: What's in the Name, WASH.
POST, Jan. 14, 1992 (handwritten)
71, p. 45
20 Newspaper
column
Nick Coleman, Indian Nicknames Spark Column War,
ST. PAUL PIONEER PRESS (Minn), Jan. 16, 1992
71, p. 46
20 Newspaper
article
Bunty Anquoe, Redskins New Site on Interior Land,
LAKOTA TIMES, Jan. 21, 1992, at A1-A2
71, pp. 47-48
20 Newspaper
opinion
Elmer Savilla, Real Indians Need to Tackle Mascot
Issue," Lakota Times, Jan. 21, 1992, at A5
71, p. 49
20 Newspaper
article
Randy Furst, Wellstone Urges End to Washington
'Redskins', STAR TRIBUNE (Minn.), Jan. 23, 1992
71, p. 50
20 Newspaper
article
Margaret Cohen, Indian Mascot Protest Starts, RAPID
CITY J. (S.D.), Jan. 24, 1992
71, pp. 51-52
20 Newspaper
article
Peter Lewis, Indian Principal No Redskin Fan, SEATTLE
TIMES, Jan. 26, 1992, at B1, B4
71, pp. 53-54
20 Newspaper
article
Leonard Inskip, Redskins: Good Team, Bad Name, STAR
TRIBUNE (Minn.), Jan. 26, 1992
71, p. 55
20 Newspaper
article &
photo
Eric Haase, 3,000 Protest at Super Bowl (photo) & 3,000
Rally Against Racist Mascots, LAKOTA TIMES, Jan. 28,
1992, at B1-B2
71, pp. 57-64
20 Newspaper
editorial
Tradition Shouldnt Obscure Racism Against Indians,
SEATTLE TIMES, Feb. 8, 1992 (handwritten), at A15
71, p. 65
20 Newspaper
editorial
letters
Kent Winters-Hazelton, Blake Lewis & Kathryn Tobias,
A New Name for the Redskins, WASH. POST, Feb. 8, 1992
(handwritten)
71, p. 66
20 Newspaper
editorial
letters
Robert C. Hunter, Continue to Educate the Ignorant, John
Pohlmann, We Can Communicate, Erik Bailey,
Sometimes Even Minorities Miss the Point, Miriam
Helphill, Public Education Exposes False Traditions, Sen.
Paul Simon, Article Excellent, Ken Mitchell, Are There
Non-Racist Mascot Choices, Carter Nash, Reader Says to
Lighten Up!, Helen Allen, Keep Being Vocal, & Peter
Pohl, Their Turn, WASH. POST, Feb. 8, 1992
(handwritten)
71, pp. 67-68
20 Newspaper
article
No More Braves or Redskins, SEATTLE TIMES, Feb. 15,
1992
71, p. 69
20 Newspaper
note
To Our Readers, OREGONIAN (Portland), Feb. 16, 1992 71, p. 70
20 Newspaper
article
Bunty Anquoe, D.C. Council to Consider Redskins
Protest, LAKOTA TIMES, Mar. 4, 1992
71, p. 71
20 Newspaper
editorial
Tony Kornheiser, By Any Other Name, WASH. POST, Mar.
5, 1992 (not shown on copy)
71, p. 72

128

NR
Ex.
Ref. No.
20 Publication
article
Tim Sandler, Unsportsmanlike Conduct, In These Times,
Mar. 11-17, 1992
71, pp. 73-74
20 Newspaper
commentary
Andy Rooney, Redskins Blame Whites Too Much, DAILY
RECORD (N.J.) (handwritten), Mar. 11, 1992
(handwritten)
71, p. 75
20 Publication
article
Tim Sandler, Chop, Chop Native Americans Fight Back
Against Racial Stereotyping, Boston Phoenix, Mar. 13,
1992
71, pp. 76, 79-
80
20 Newspaper
article
Bunty Anquoe, D.C. Radio Station Wont Say Redskins, ,
LAKOTA TIMES (handwritten), Mar. 18, 1992
(handwritten)
71, p. 77
20 Newspaper
commentary
Andy Rooney, A (Sort of) Apology to Indians, DAILY
RECORD (N.J.) (handwritten), Apr. 19, 1992 (handwritten)
71, p. 78
20 Newspaper
commentary
Nick Coleman, Didja Even Notice How Some People Never
Learn, DAILY RECORD (N.J.), Apr. 20, 1992 (handwritten)
71, p. 81
20 Newspaper
editorial
Eric Zorn, In Pros or Preps, 'Redskins' a Slur, CHI. TRIB.,
May 21, 1992
71, p. 82
20 Newspaper
articles
Avis Little Eagle, Protesters Meet Kansas 'Chiefs' at
Training Camp, Mascots: A History of Cultural
Insensitivity, & A Chronology of the Mascot Controversy,
LAKOTA TIMES (handwritten), July 29, 1992
(handwritten), at B1-B2
71, pp. 83-84
20 Newspaper
editorial
A Slur Is a Slur, ALBUQUERQUE J. (N.M.),Sept. 12, 1992 71, p. 87
20 Newspaper
article
Avis Little Eagle, Action Taken to Chop Redskins
Trademark, LAKOTA TIMES, Sept. 16, 1992 (handwritten)
71, pp. 88-89
20 Publication
article
National Coalition Challenges Federal Trademark
Registrations, THE CIRCLE, Oct. 1992
71, p. 90
20 Newspaper
editorial
Jonathan Rand, Its Time to Dump the Chop, Kansas City
Star, Nov. 13, 1992
71, pp. 91-92
20 Newspaper
editorial letter
John Killen, The Story of the Oregonian Decision, INDIAN
COUNTRY TODAY (handwritten), Nov. 19, 1992
(handwritten), at A4
71, pp. 93-94
20 Newspaper
editorial
Barbara Reynolds, History Demands End to 'Redskins',"
USA TODAY (handwritten), Feb. 5, 1993 (handwritten)
49, p. 4
20 Newspaper
article
Jennifer Marklewicz, Redskins' Banned by University
Senate, MIAMI STUDENT, Apr. 13, 1993
49, p. 5
20 Newspaper
article
Avis Little Eagle, Sen. Nighthorse Stalks Redskins,
INDIAN COUNTRY TODAY, July 8, 1993, at A1-A2
49, p. 6
20 Newspaper
article
Buntie Anquoe, 'Redskins' on the Run. Bill Seeking Name
Change, INDIAN COUNTRY TODAY, Aug. 1, 1993, at A1-A2
49, pp. 7-8
20 Newspaper
article
Terry Johnson, Minneapolis Star Tribune Specifies
Mascot Policy, INDIAN COUNTRY TODAY, Feb. 10, 1994, at
A3
49, p. 9

129

NR
Ex.
Ref. No.
20 Newspaper
article
Terry Johnson, Minneapolis Star Tribune Discontinues
Mascot Use, INDIAN COUNTRY TODAY (handwritten), Feb.
49, p. 9
20 Newspaper
letter to the
editor
Shawn Bluejacket, How About a Team Named the
Missoula Rednecks, INDIAN COUNTRY TODAY, Jan. 26,
1995
49, p. 10
21 Newspaper
editorial
Tim Giago, Using Sham Rituals to Boost Sports Teams
Belittles Native Americans' Culture, ST. PAUL PIONEER
PRESS, Oct. 22, 1991
49, p. 13
21 Newspaper
editorial
Tim Giago, Ignorance Adds Insult to Injury, LAKOTA
TIMES, Oct. 30, 1991
49, p. 14
21 Newspaper
editorial
Tim Giago, I Hope the Redskins Lose, NEWSWEEK, Jan.
27, 1992, at 8
49, p. 15
21 Newspaper
editorial
Tim Giago, Brave Redskins? Gee, Mr. Cooke, Very Bigot of
You, LAKOTA TIMES, Feb. 4, 1992
49, p. 16
21 Newspaper
editorial
Tim Giago, Mascot Issue Won't Go Away and Neither Will
Indian People, LAKOTA TIMES, Apr. 1, 1992
49, p. 17
22 Newspaper
article
Merritt Meets the Enemy, DAILY NEWS (Denv.)
(handwritten), Oct. 8, 1879 (handwritten)
49, pp. 19-21
22 Newspaper
article
Indian Massacre, ROCKY MTN. NEWS (handwritten), Jan.
49, pp. 22-23
22 Newspaper
article
The Sand Creek Battle, CHICAGO TRIBUNE (handwritten),
Aug. 8, 1887 (handwritten)
49, pp. 24-25
22 Newspaper
article
Indians Ready to Fight, N.Y. TIMES (handwritten), Nov.
49, pp. 26-27
22 Newspaper
article
Ready for Battle: the Rebellious Redskins, ASPEN DAILY
TIMES, Nov. 29, 1890
49, p. 28
22 Newspaper
article
A Bad Ute's Skull, ROCKY MTN. NEWS, Nov. 16, 1890 49, pp. 29-31
22 Newspaper
article
A Sioux Outbreak, ROCKY MTN. NEWS, Nov. 18, 1890 49, pp. 32-33
22 Newspaper
article
Troops Moving Forward, N.Y. TIMES (handwritten), Nov.
49, pp. 36-37
22 Newspaper
article
The Ghost Dance, N.Y. TIMES (handwritten), Nov. 22,
1890 (handwritten)
49, p. 38
22 Newspaper
article
The Latest Indian News, DAILY NEWS (Denv.)
49, pp. 40-41
22 Newspaper
article
Dancers Threaten to Shoot, N.Y. TIMES (handwritten),
Nov. 23, 1890 (handwritten)
49, p. 42
22 Newspaper
article
To Ambush the Soldiers, N.Y. TIMES (handwritten), Nov.
49, pp. 43-46
22 Newspaper
article
Abandoning the Craze, ROCKY MTN. NEWS (handwritten),
Nov. 26, 1890 (handwritten);
49, pp. 47,
(dup) 48;
83, p. 147-48

130

NR
Ex.
Ref. No.
22 Newspaper
article
Cowed by the Soldiers, N.Y. TIMES (handwritten), Nov.
26, 1890 (handwritten);
49, pp. 49-52,
(dup) 53-55;
83, pp. 143-45
22 Newspaper
article
Montana Redskins, ROCKY MTN. NEWS (handwritten),
Nov. 28, 1890 (handwritten)
49, p. 56
22 Newspaper
article
To Disarm the Hostiles: Cavalry Under Orders for a Night
March, N.Y. TIMES, Nov. 29, 1890
49, pp. 57-59
22 Newspaper
article
The Messiah Craze, ROCKY MTN. NEWS, Dec. 1, 1890
(handwritten)
49, p. 62
22 Newspaper
article
Prowling Redskins, ROCKY MTN. NEWS, Dec. 11, 1890
(handwritten)
49, p. 63
22 Newspaper
article
Apache Excitement. The Redskins in New Mexico Hold a
Ghost Dance, ROCKY MTN. NEWS, Dec. 12, 1890
(handwritten)
49, p. 64
22 Newspaper
article
Ute Uprising, ROCKY MTN. NEWS, Dec. 16, 1890
(handwritten)
49, p. 65
22 Newspaper
article
On the Warpath, ROCKY MTN. NEWS, Dec. 18, 1890
(handwritten)
49, pp. 66-67
22 Newspaper
article
An Indian Battle, ASPEN DAILY NEWS, Dec. 20, 1891 49, p. 68
22 Newspaper
article
Fifty Killed: Redskins are Being Shot Down by the
Soldiers as They Appear, Without Mercy, ROCKY MTN.
NEWS, Dec. 30, 1890 (handwritten)
49, pp. 71-72
22 Newspaper
article
Counting the Dead: The Redskins Did Not Last Long
Before the Cavalry, But Attempted to Escape, ROCKY MTN.
NEWS, Dec. 31, 1890 (handwritten)
49, p. 73
22 Newspaper
article
Chased by Indians, ROCKY MTN. NEWS, Jan. 6, 1891
(handwritten);
49, pp. 74,
(dup) 75;
83, p. 139
22 Newspaper
article
Rode for Their Lives, ROCKY MTN. NEWS (handwritten),
49, p. 76
22 Newspaper
article
The Redskin Trouble, ASPEN DAILY NEWS (handwritten),
49, p. 78
22 Newspaper
article
(partial)
Looting Homes, ROCKY MTN. NEWS , Jan. 8, 1891 49, p. 79
22 Newspaper
article
Awaiting a Chance, ROCKY MTN. NEWS, Jan. 10, 1891
(handwritten)
49, p. 81
22 Newspaper
article
Calling for Arms, ROCKY MTN. NEWS, Jan. 11, 1891
(handwritten)
49, pp. 82-84,
(dup front
page) 85
22 Newspaper
article
Ready for Trouble, ROCKY MTN. NEWS, Jan. 12, 1891
(handwritten)
49, p. 86

131

NR
Ex.
Ref. No.
22 Newspaper
article
Bulls Plot, ROCKY MTN. NEWS, Jan. 12, 1891
(handwritten)
49, p. 87
22 Newspaper
article
The Redskins Are Slowly Moving Toward Pine Ridge,
ROCKY MTN. NEWS (handwritten), Jan. 12, 1891
(handwritten)
49, p. 88
22 Newspaper
article
Into the Bad Lands, ROCKY MTN. NEWS, Jan. 14, 1891 49, p. 89
22 Newspaper
article
The Redskins Have Great Faith in Their Bullet-Proof Red
Flannel Shirts, ROCKY MTN. NEWS, Jan. 15, 1891
(handwritten)
72, p. 4
22 Newspaper
article
To Fight the Redskins, ROCKY MTN. NEWS (handwritten),
Jan. 15, 1891
72, pp. 5-6
22 Newspaper
article
The American Indian Difficulty, LONDON TIMES
(handwritten), Jan. 15, 1891 (handwritten)
72, p. 7
22 Magazine
article
The Sioux Rebellion, HARPERS WEEKLY, Feb. 7, 1891
(handwritten), at 106
72, p. 8
22 Newspaper
article
(handwritten), Jan. 3, 1891 (handwritten);
72, pp. 18,
(dup) 19;
83, p. 141
22 Newspaper
article
Redskin Chieftains Welcome Buffalo Bill and Retell
Stirring Tales, DENVER POST (handwritten), Oct. 15, 1913
(handwritten)
72, p. 36
22 Newspaper
article
Indians Destroy Road Signs to Check Flood of Tourists,
DENVER POST (handwritten), Feb. 5, 1922 (handwritten)
72, p. 37
22 Newspaper
article
Custer's Men Lured into Trap By Wily Redskins, DENVER
POST (handwritten), June 19, 1932 (handwritten)
72, p. 38
22 Newspaper
article
Fort Wicked Too Tough for Redskins: Pleasant-Faced
Rancher and Garrison of Three Men, Four Women, Beat
Off Savages, ROCKY MTN. NEWS, Oct. 21, 1932
72, pp. 39-40,
(dup) 41
22 Newspaper
article
Story of Battle on Lightning Creek in 1903; Indians Lost
Battle with Cowbys; Eagle Feathers Skull Found and
Now Preserved, LUSK HERALD, May 28, 1936, at 3, 6
72, pp. 42-43
22 Newspaper
article
Roger Williams, Stanford Alumni Clamor for Tradition:
The Return of the Indian, S.F. Examiner, Nov. 12, 1974
72, p. 48
22 Newspaper
article
Marge Banks, Indians Here on Warpath Against Tribe,
Cleveland Press, Mar. 17, 1970
72, p. 51
23
Newspaper
article
Avis Little Eagle, Protestors Challenge Racist Mascot
Names, INDIAN COUNTRY TODAY (not on copy), Nov. 19,
1992 (not on copy), at A1, A7
72, pp. 54-56
32 Newspaper
article
Redskins Target of Movement, EVENING STAR, Jan. 19,
1972
77, p. 14
43 Magazine
article
Robert Gessner, Vengeance on the Redskin! How the
White Man Massacres the Indian, Outlook &
Independent, Mar. 11, 1931, at 367-69, 382,
78, pp. 10-14

132

NR
Ex.
Ref. No.
45 Magazine
article
Redskin Revival, NEWSWEEK, Feb. 20, 1939, at 14-15 78, pp. 16-18
46 Magazine
article
J. H. Peck, How I Put Down the Redskins, SAT. EVENING
POST, Oct. 23, 1943, at 25, 126, 128
78, pp. 20-23
47 Magazine
article
Don Eddy, Whooping it up with the Redskins, AM. MAG.,
Nov. 1953, at 38-41, 93-97
78, pp. 25-34
59 Magazine
article
Richard MacPhie, We Are Not Extras: A Native American
Perspective on the Morality of Indian Mascots, Colors,
Jan.Feb. 1992, at 12-15
87, pp. 97-101
73 Newsletter Dartmouth College Alumni Newsletter, Apr. 27, 1973 91, pp. 73-75
88 Univ.
magazine
article
Michael Cabonargi, Miami University and the Redskin
an Analysis, & Brett Harwood, Harwood Addresses U.
Senate on Redskin Issue, Voice, Apr. 27, 1993
95, pp. 22-30
128 Newspaper
article
Paul Shomin, Scalping Demonstration Outrage, Wassaja,
Oct. 1975
64, pp. 40-44
N/A Newspaper
article
Cooke Dep. Ex. 11:
Leonard Shapiro, Indian Group to Stage Protest Sunday
at RFK, Wash. Post, Oct. 31, 1991, at B3
66, p. 21
N/A Newspaper
article
Nunberg Dep. Ex. 20: Fighting Indians, ROCKY MTN.
NEWS (handwritten), June 11, 1891 (handwritten)
83, pp. 135-37
173 Newsletter Copy Editor, June/July 1997 109, pp. 164-71
173 Letter to
editor
Mary Beth Protomastro, Redskin Sacked, Copy Editor,
Aug./Sept. 1997, at 7
109, pp. 175-76
PERIODICAL MATERIALSUNDATED AND/OR UNIDENTIFIED PUBLICATION
11 Newspaper
article
All Chiefs, No Indians, undated and unidentified
publication
68, p. 44
11 Newspaper
article
Jack Seli, Washington Teams Powerful Attack Routs
Local Team, undated and unidentified publication
68, p. 45
11 Newspaper
article
Heap Big Injuns, undated and unidentified publication 68, p. 46
11 Newspaper
article
(partial)
Redskins Scalp Army Gridders, undated and unidentified
publication, continued part of article only
68, p. 47
11 Newspaper
article
Redskins, Scalped by [rest of title cut-off], undated and
68, p. 48
11 Newspaper
photo & ledger
Skins Scalp Yanks, 17 to 14, undated and unidentified
publication
68, p. 49
11 Newspaper
article
Hugo Autz, College Stars Give Redskins Scalping, 27-7,
undated and unidentified publication
68, p. 50
11 Newspaper
article
John E. McNab, Skins After Dummys Scalp in Next
Season, undated and unidentified publication
68, p. 51
11 Newspaper
article
Tribe Figured Best in East With Foe Tops in West,
68, p. 52

133

NR
Ex.
Ref. No.
11 Newspaper
article
Dave Slattery, GPs Set to Scalp, undated and
68, p. 53
11 Newspaper
article
Charles Chamberlain, Tribe is Inspired by Memory of 73-
0 Defeat, undated and unidentified publication
68, p. 54
11 News photo &
ledger
Hail to the Redskins, undated and unidentified
publication
68, p. 55
11 Newspaper
photo
WASH. POST, Sept. day/year & copy illegible 68, p. 56
11 Newspaper
article
(partial)
36,006 See Redskins Topple Bears for Title, undated and
unidentified publication, continued part of article only
68, pp. 57-58
11 Newspaper
article
Edward Prell, Redskin Chief Wants Showdown on Future,
68, pp. 59-60
11 Newspaper
article
Joe King, Skind Even Scalp Bears in the Kickoff Were
Today, undated and unidentified publication
68, p. 61
11 Newspaper
headlines
Various headlines, undated and unidentified publications
(one headline includes handwritten Pittsburgh Press
6/21/43)
68, p. 62
11 Newspaper
article
Dave Slattery, 59 in Boston, Too? Its the Yanks Again but
Turk Fears OverconfidenceWhats he Want, 100?,
undated and unidentified publication, copy illegible
68, p. 63
11 Newspaper
article
Ev Gardner, Navy Should Quite Baltimore for Griffs
Watchable Park, News, undated, article not about the
Washington Redskins
68, p. 64
11 Newspaper
Advertisement
WMAL-TV, The Redskins Show, 9:30 P.M. Tonight,
68, p. 65
11 Newspaper
article
Dave Slattery, Gen. Custer Avenged, undated and
unidentified publication;
68, p. 66;
(dup)
92, p. 153
11 Newspaper
article
Al Costello, Redskins Hit Warpath to Coast Camp Today,
68, p. 67
11 News photo &
ledger
Redskin Chiefs Pow-Wow, undated and unidentified
publication
68, p. 68
11 Newspaper
article
Dave Slattery, Redskins to the Left, Right and Rear,
Wigwam Chit-Chat, undated and unidentified
publication, copy illegible
68, p. 69
11 Newspaper
article
Various articles, Dave Slattery, Redskins on the Warpath,
WASH. DAILY NEWS, Oct. day/year & copy illegible, Dick
OBrien, Sports Slants, undated and unidentified
68, p. 70
11 Newspaper
article
Skins Scalp Steelers, 22-7 for 3rd Win, undated and
unidentified publication, copy illegible
68, p. 71

134

NR
Ex.
Ref. No.
11 Newspaper
photo &
headline
Big Chief Welcomes Todd Back to Redskin Tepee, undated
and unidentified publication;
68, p. 72;
(dup)
92, p. 154
11 Newspaper
article
Ev Gardner, Optimism in the Tepee, undated and
68, p. 74
11 Newspaper
article
Dave Slattery, Tribe Thins a Heap of its Old Braves,
68, p. 76
11 Newspaper
article
Dave Slattery, Redskins Brewing Special Kickapoo Juice
for Browns, undated and unidentified publication;
68, p. 77;
(dup)
92, p. 155
11 Newspaper
article
Dave Slattery, Wigwam Wigwags, WASH. DAILY NEWS,
Oct. 22, 1953, & Ev Gardner, Feuding Fans Would Help
the Redskins, WASH. DAILY NEWS, Oct. 22, 1953
68, p. 78
11 Newspaper
headline
Dave Slattery, Scalped Redskins Scratched Theyre Out of
the Title Race, undated and unidentified publication
68, p. 79
11 Newspaper
article
Dave Slattery, Redskins Ambushed, undated and
68, p. 80;
(dup)
92, p. 156
11 Newspaper
article
Wayne Thompson, Papoose Platoon Set for Rough NFL
Wars, undated and unidentified publication
68, p. 81
11 Newspaper
article
Dave Slattery, Tribes Sloppy Play Makes Curly Erupt,
68, p. 82
11 Newspaper
article
Nixons on the Redskin Warpath, undated and
68, p. 88;
(dup)
92, p. 159
11 Newspaper
article
(partial)
Redskins Start Bloodletting Today, undated and
unidentified publication, continued part of article only,
part of copy illegible;
68, p. 89;

(dup)
92, p. 158
11 Newspaper
headline,
photo &
article
Darkness Descends on Redskins Ruins, 34-0, undated and
unidentified publication, copy illegible
68, p. 90
11 Newspaper
article
Jack Walsh, Redskins Conduct Full Scale Workout on
Regular Day Off, undated and unidentified publication
68, p. 91
11 Newspaper
article
Dave Brady, Redskins Will be Good Warriors if Huff Gets
Linebacking Help, undated and unidentified publication
68, p. 95
11 Newspaper
article
Dave Brady, Hostility of Redskins Intrigues Patient Fans,
undated and unidentified publication, and partially
illegible copy
68, p. 96
11 Newspaper
article
Joe Tomlinson, Tom-Toms, undated and unidentified
publication
68, p. 97
11 Newspaper
article
Lewis F. Atchison, Redskins and Coaches Stunned by
Debacle, undated and unidentified publication
68, pp. 98-99

135

NR
Ex.
Ref. No.
11 Newspaper
photo & ledger
Redskins on Warpath, undated and unidentified
publication, photo illegible
68, p. 105
11 Newspaper
article
Dave Brady, Lombardis Messages Come Through Loud
and Clear, WASH. POST, July 11, 1969, and copy illegible
68, p. 106
11 Newspaper
article
Lewis F. Atchison, More Cuts Likely to Follow Full-Scale
Redskin Warfare, WASH. STAR, undated publication;
68, p.107
(dup) 69, p. 4;
92, p. 162
11 Newspaper
article
Steve Hershey, Redskins Pass Rush Now Formidable,
undated and unidentified publication;
69, p. 5;
(dup)
92, p. 163
11 Newspaper
article
William [illegible], Skin Fans Scalped by Ticket Owners,
WASH. POST, Dec. 10, 1971, copy illegible
69, p. 6
11 Newspaper
article
Sweet Revenge, unidentified publication, Nov. 25, 1986
(handwritten)
69, p. 10
12 Newspaper
article
Santa Claus Misses Wigwam Goal, WASH. TIMES-
HERALD, undated and copy partially illegible
69, p. 13
12 Newspaper
photo
So You Wont Talk, Eh?, undated and unidentified
69, p. 14
12 Newspaper
photo
Cigar Store Indian Part of Marshalls Ballyhoo,
Milwaukee J., undated
69, p. 15
12 Newspaper
photos
Undated and unidentified publications, photo and copy
illegible
69, p. 16
12 Newspaper
photo
Feathers are Only Decorative but Players Bear DC
Football Hope, undated and unidentified publication
69, p. 17
12 Newspaper
photo
Heap, Heap Hooray! For Redskins, undated and
69, p. 18
12 Newspaper
photos
Bring on Those Bears, undated and unidentified
publication
69, p. 19
12 Newspaper
photo
In This Caw-Nuh!, undated and unidentified publication 69, p. 20
12 Newspaper
photos
Redskins Hopes, undated and unidentified publication 69, p. 21
12 Newspaper
photo
Hip-Hip, Redskins . . . , undated and unidentified
publication
69, p. 22
12 Newspaper
photo
Alexandrians in Skins Band, undated and unidentified
publication
69, p. 23
12 Newspaper
photos
Undated and unidentified publications, photo and copy
illegible
69, p. 24
12 Newspaper
article
Ev Gardner, How George Preston Marshall Boosted
Racing, WASH. STAR, undated
69, p. 25
12 Newspaper
photo
Champion Drum Major Scores Hit with Band, undated
and unidentified publication (states below photo:
Redskins band roster 1941 season)
69, p. 26

136

NR
Ex.
Ref. No.
12 Newspaper
photo
Layden Sits In on Annual Banquet of Redskin Band,
HERALD (hand-written), date-stamped May 5, 1941
69, p. 27
12 Newspaper
photo
As One Indian to Another, Says Redskin Rookie,
unidentified publication, June 23, 1942
69, p. 28
12 Newspaper
photo
Tomahawk Trade-in Value is One Football, undated and
unidentified publication , photo of Jack Jacobs (Muscogee
Indian who played for Redskins), WASH. POST, undated
69, p. 29
12 Newspaper
photo
The Admiral Gets His Orders, undated and unidentified
publication
69, p. 30
12 Newspaper
photo
George Marshall of Redskins Smokes Pipe of Peace,
69, p. 32
12 Newspaper
photo
Big Chief Choo-Choo He Ponders, undated and
69, p. 33
12 Newspaper
photo
Tenth in Row, undated and unidentified publication (on
exclusive rights of radio company to broadcast Redskins
games)
69, p. 34
12 Newspaper
article
Dave Slattery, Three Redskins Due for Ax, WASH. DAILY
NEWS, Oct. [illegible]
69, p. 35
12 Newspaper
photo
Redskins Clip Eagles, 27-21, as Baugh Ends Career,
69, pp. 36-37
12 Newspaper
photo
Pair of Winners for Redskins, undated and unidentified
publication (on Miss Redskins of 1954 winners)
69, p. 38
12 Newspaper
photo
Four Fumbles Take the Cheer Out of Washingtons
Redskinettes, undated and unidentified publication
69, p. 40
12 Newspaper
article
Globe Helps Washington Redskins, unidentified
publication, Aug. 1964
69, p. 41
12 Newspaper
article
Morris Siegel, Redskins Band to Drop Dixie, WASH. STAR,
69, p. 42
13 Newspaper
photos
That Super Season!, Wash. Times, undated, at front page,
72
69, pp. 45-46
13 Newspaper
photos
Rally Round the Skins, undated and unidentified
publication, at 69
69, p. 47
13 Newspaper
photo, ledger
A Fans First Impression, undated and unidentified
publication
69, p. 52
13 Newspaper
article
Christine Williams, A Citys Soul on a Roll, WASH. POST,
undated, at D1
69, p. 53
13 Newspaper
photos
Undated and unidentified publication 69, p. 54
13 Newspaper
photos
Shame on You, Redskins, undated and unidentified
publication, photos legible
69, p. 55
13 Newspaper
photo, article
(partial)
Dave Kindred, . . . Washington Reacts Quizzically, WASH.
POST, undated
69, p. 56

137

NR
Ex.
Ref. No.
13 Newspaper
photo
13 Newspaper
photo
16 Newspaper
article,
cartoon
Arch Ward, In the Wake of the News, unidentified
publication, Aug. 19, 1943 (handwritten) (cartoon: The
Injuns Are Coming!)
70, p. 63
17
Newspaper
article
Pickets Charge Marshall with Race Bias, Pittsburgh
Times Herald, Feb. 1, 1957 (handwritten), copy illegible
48, p. 6
17 Newspaper
article
Pickets Protest Redskin Failure to Hire Negros, Wash.
Star, Oct. 14, 1957 (handwritten), copy illegible
48, p. 7
17 Newspaper
article
Tom Yorke, GPM Faces Frontier, unidentified
publication, Mar. 25, 1961 (handwritten)
48, pp. 9-10
17 Newspaper
article
(partial)
Washington D.C. continued, undated and unidentified
publication
48, pp. 20-21
17 Publication
article
The Redskins 50th, unidentified publication, Sept. 8,
1986 (handwritten)
48, p. 22
18 Newspaper
article,
cartoon
Paul Kaplan, Do We Defame Native Americans?, & Mike
Roberts, Team Nicknames Linked to Myths, Bill Garner
cartoon, Call me a redskin. I like it, WASH. STAR (circa
1972)
48, pp. 25-26
19 Publication
article
Political Correctness Comes to the Playing Field, undated
and unidentified publication
48, p. 43
19 Newspaper
article
Rose Gutfeld, A Native American Group Lobbies NFLs
Redskins to Change Name, WALL ST. J., undated
48, p. 44
19 Newspaper
article
Vito Stellino, Whats in Name? Redskins Find Out From
Indians, unidentified publication, Dec. 28, 1990
48, p. 45
19 Newspaper
article
Associated Press, NFL is Urged to Forbid Use of
Redskins, unidentified publication, Dec. 28, 1990
(handwritten)
48, p. 46
19 Newspaper
editorial
Bob Molinaro, Please, Stop Calling Them Redskins,
unidentified publication, Oct. 4, 1992 (handwritten)
48, pp. 60-61
19 Newspaper
article
Change Nickname, Redskins Told, unidentified
publication, July 3, 1993
48, p. 62
19 Newspaper
article
AP Denver, Senate Bill Could Force Redskins Name
Change, unidentified publication, July 3, 1993
48, p. 63
20 Newspaper
article
Reprint of Ron Martz, Indian Stereotypes Ingrained in
U.S., ATL. J.-CONST., undated and unidentified
publication, at 133-34 (sourced & dated article provided
also)
48, pp. 77-78
20 Newspaper
editorial
Redskins is Racist, STANFORD DAILY (Univ.), undated 48, p. 79

138

NR
Ex.
Ref. No.
20 Newspaper
article
John Slupski, Native Americans get Unsportsmanlike
Rep, undated and unidentified publication
48, pp. 93-94
20 Newspaper
article
Gary Fallesen, Racist Name Taints Game With
Stupidity, DEMOCRAT & CHRON., undated
48, p. 95
20 Newspaper
column
A Sign of Change, undated and unidentified publication 71, p. 5
20 Newspaper
article
Chuck Robertson, Wee Hours, undated and unidentified
publication
71, p. 16
20 Newspaper
article
Mary Jane Smetanka, Indian Logos, Mascots Still Must
Go, undated and unidentified publication
71, p. 17
20 Newspaper
article
Wiley A Hall III, Only a Rude Nation Could Ignore Team
Insults to Indians, BALT. EVENING SUN, undated
71, p. 19
20 Publication
letters to the
editor
Sharon White, et al., Mascots Affect/Reflect Social
Attitudes, & Cornell D. Cooper, Mascot Racist Mockery
Must Stop Soon, undated and unidentified publication
71, p. 20
20 Newspaper
column
Jonathan Yardley, Get with the Program Jane Fonda!,
Wash. Post, undated
71, p. 24
20 Newspaper
article
(partial)
Mascots Issue Sparks National Debate, end of article,
71, p. 25
20 Newspaper
article
(partial)
Larry Lipman, Are Tomahawks, War Chant Racist?,
unidentified publication, Oct. 9, 1991, at C2
71, p. 26
20 Publication
article
Tim Sandler, Indian Symbols in Sports Promote Bias
Against Native Americans, undated and unidentified
publication
71, pp. 39-40
20 Newspaper
commentary
Natl Indian Youth Council, Commentary: Cultural
Ignorance Abounds, Americans Before Columbus,
undated
71, p. 41
20 Newspaper
article
Clarence Page, Party Pooper? Redskins (and Indians)
Should Think Up New Names, PLAIN DEALER, undated
71, p. 42
20 Newspaper
article
Jay Calvin Weaver and Monika Bauerlein, Skin Deep,
unidentified publication, Jan. 1992
71, p. 44
20 Newspaper
article
2,000 Demonstrate Against Indian Nicknames,
unidentified publication, Jan. 27, 1992, at B7
71, p. 56
20 Newspaper
article
Avis Little Eagle, Mass Protest Planned for Redskins
Game, LAKOTA TIMES, July29, 1992 (handwritten), at A1,
A3, undated
71, pp. 85-86
20 Newspaper
editorial
Jim Caple, Theres No Defense for Using Redskins,
unidentified publication, Oct. 22, 1995
49, p. 11
22 Newspaper
article
(partial)
Byline: Cheyenne, Wyo., Nov. 30, N.Y. TIMES, undated
(handwritten)
49, p. 60

139

NR
Ex.
Ref. No.
22 Newspaper
article
(partial)
[No title shown], N.Y. TIMES, Dec. 2, 1890 (handwritten) 49, p. 61
22 Newspaper
accountings
Byline: Camp Near Battle Creek, Dakota, Dec. 26,
LONDON TIMES(handwritten), Dec. 27, 1890 (not shown
on copy)
49, pp. 69-70
22 Newspaper
accountings
Byline: Pine Ridge, Jan. 6, LONDON TIMES (handwritten),
Jan. 7, 1891 (not shown on copy)
49, p. 77
22 Newspaper
accountings
Byline: Long Pine, Jan. 7, LONDON TIMES (handwritten),
Jan. 8, 1891 (not shown on copy)
49, p. 80
22 Publication
story
Colo. Hist. Socy Archives, Tales of the Old West: Scraps
of History, undated and unidentified publication
72, p. 9
22 Publication
story
Quanah, Chief of Redskins Sets White Trap, undated and
72, p. 10
22 Newspaper
article
(handwritten), undated
72, p. 11
22 Newspaper
material
LONDON TIMES, undated and no identifiable and legible
article
72, pp. 12-15
22 Newspaper
article
Byline: Pine Ridge, Jan. 2, LONDON TIMES (handwritten),
undated
72, pp. 16-17
22 Newspaper
article
(handwritten), undated
72, pp. 20-21
22 Newspaper
article
undated and unidentified publication 72, p. 22
22 Publication
story
Thursday is 70th Anniversary of Sand Creek Indian
Massacre: Men, Women and Children of Redskin Tribe
Slaughtered Near Colorado Springs, undated and
unidentified publication (from Univ. of Colo. archives)
72, p. 23
22 Magazine
articles
Arthur Chapman, The Indian Fighters of the Arickaree, &
Henry Smith Williams, Immigration & Democracy
(beginning of article), HARPERS WEEKLY, undated, at 9-
10, 25-26
72, pp. 24-27
22 Newspaper
article
Majors Men Were Lured Into Ambush by Fleeing
Redskins, DENVER POST, undated (from Univ. of Colo.
archives)
72, pp. 28-30
22 Publication
article
Guy Murchie Jr., Sandy Forsyths Thrilling Frontier
Fight, unidentified publication, Apr. 25, 1937
72, pp. 44-47
22 Newspaper
photo
Ledger: Zema (Chief Zee) Williams appeals to the
heavens in an empty RFK Stadium, WASH. POST,
undated
72, p. 50
23
Newspaper
article
(partial)
Dave Matheny, The Year of a Super Bowl, a Final 4 and a
'Hugedale', STAR TRIBUNE (Minn.) (not shown on copy),
Dec. 31, 1992 (not shown on copy)
72, p. 57

140

NR
Ex.
Ref. No.
28

N/A
Publication
article

Morris Siegel, Washingtons Unifying Force, undated and
As Cooke Dep. Ex. 8
50, pp. 34-35;

65, pp. 149-50
PHOTOS (INDEPENDENTLY SUBMITTED)
24 Photos Copies of photographs of varying legibility demonstrating
Washington Redskins imagery and logos, including
general memorabilia, cigar store Indian statue,
commemorative posters of past seasons, teams and
general history, exterior faade of building, members of
marching band and Redskinettes members wearing
headdress
72, pp. 59-80
50, pp. 4-14
N/A Photos Nunberg Dep. Ex. 16: Photos of Red Mesa school
entrance and welcome signs displaying Home of the
Redskins
83, p. 124;
(dup) 92, p. 31
N/A Photo Nunberg Dep. Ex. 17: Photo of roadside billboard
displaying Round Rock Public School Fighting Braves
and back of photo describing location as Round Rock on
Navajo Indian Reservation in northeast Ariz, taken June
10, 1994;
83, pp. 126-27;

(dup)
94, pp. 118-19
PRESS RELEASES & POSITION STATEMENTS
68 Press release UCLA Am. Indian Student Assn, Native American Legal
Action Seeks Abandonment of Washington Redskins
Name, Sept. 10, 1992
91, p. 5
69 Public
statement
Statement of David P. Bradley in Support of Native
American Action Against Redskins, undated
91, p. 7
82 Press release U.S. Sen. Daniel K. Inouye, Inouye Comments on Native
American Legal Action, Sept. 9, 1992
95, p. 7
83 Press
statement
Thom White Wolf Fassett, Gen. Secy, United Methodist
Gen. Bd. of Church & Socy on Racist Images in the
Sports Indus., Sept. 10, 1992
95, p. 9
87 Statement to
the University
Dr. Britton Harwood, Statement to the [Miami] Univ.
Senate, 5 April 1993
95, pp. 18-20
N/A Press release Cooke Dep. Ex. 10: Wash. Redskins undated statement
that its name was never intended to offend anyone and
that the name has reflected positive attributes of the
American Indian.
66, p. 19
PROCLAMATIONS
36 Proclamation Proclamation of King George II, 40 pounds issued to
subjects [f]or every scalp of a male Indian brought in as
evidence of their being killed, June 10, 1756
77, p. 63
PROTEST LETTERS INDICATING INDIVIDUAL AUTHORS ARE NATIVE AMERICANS
5 Protest letter Philip St. John (Native American) to Jack Kent Cooke,
Jan. 6, 1988
63, p. 84

141

NR
Ex.
Ref. No.
5 Protest letter Joan W. Drake (Native American) to Jack Kent Cooke,
Jan. 21, 1988
63, p. 86
5 Protest letter Hubert Roy (Native American) to Jack Kent Cooke, Feb.
19, 1988
63, p. 90
5 Protest letter Roxanna Puchner (Native American) to Jack Kent Cooke,
dated Feb. 22, 1988, with Tim Giago, A Clever Nickname
Cannot Disguise a Racial Slur, editorial excerpt (Lakota
Times, 1988)
63, pp. 108-10
5 Protest letter A. Beston (Native American) to Jack Kent Cooke, Feb. 23,
1988
63, p. 112
5 Protest letter James & Lenora Bezpaletz (non-Native Americans &
adoptive parents of Native Americans) to Jack Kent
Cooke, Feb. 21, 1988
63, pp. 94-95
5 Protest letter Ronald C. Brownotter (Native American) to Jack Kent
63, pp. 121-22
5 Protest letter Melissa D. McRae (Native American) to Jack Kent Cooke,
Feb. 29, 1988
63, p. 123
5 Protest letter Lavon Schmidt (Native American) to Jack Kent Cooke,
undated (date stamped JKC Inc. Mar. 1, 1988)
63, p. 125
5 Protest letter Norma Lussier (Native American) to Jack Kent Cooke,
Mar. 18, 1988
63, pp. 127-28
5 Protest letter BoBo Shangreaux (Native American) to Jack Kent Cooke,
63, p. 129
5 Protest letter Adora Martin (Native American) to Jack Kent Cooke,
undated (date stamped JKC Inc. May 2, 1988)
63, pp. 132-34
5 Protest letter Donna Jumping Eagle (Native American) to Jack Kent
Cooke, undated (date stamped JKC Inc. May 2, 1988)
63, pp. 135-37
5 Protest letter Paula Sheridan (Native American) to Jack Kent Cooke,
Feb. 11, 1992
67, p. 14
5 Protest letter Jeffrey Valentino (Native American) to Jack Kent Cooke,
Sept. 14, 1992
67, p. 65
5 Protest letter Teresa Mitchell (Native American) to Jack Kent Cooke,
Apr. 19, 1993
67, pp. 86-87
5 Protest letter Kasey Abbott (Native American) to Jack Kent Cooke,
Aug. 30, 1993
67, p. 93
5 Protest letter Natl Rainbow Coalition, Inc. Native American supporter
Kimberly Whitehead (form letter campaign) to Jack Kent
Cooke, Oct. 8, 1993
67, p. 130;
(dup)
92, p. 112
32 Protest letter Billy Kevin Gover (Native American) to Edward Bennett
Williams, July 18, 1972
77, p. 6

142

NR
Ex.
Ref. No.
PROTEST LETTERS INDICATING NATIVE AMERICAN ADVOCACY GROUP
5 Protest letter Clyde H. Bellecourt, National Director, American Indian
Movement, William A. Means, President, International
Indian Treaty Council (Native American advocacy
organization) to Jack Kent Cooke, Dec. 20, 1991
63, pp. 172-75
5 Protest letter Loren Stiffarm, President, Natl Indian Educ. Assn
(Native American advocacy organization) to Manuel
Lujan, Dept. of Interior, Mar. 16, 1992
67, pp. 37-38
5 Protest letter Sharon Metz, H.O.N.O.R. (Native American advocacy
organization) to Jack Kent Cooke, Oct. 1992
67, p. 68
5 Protest letter Natl Rainbow Coalition, Inc. & Native American
supporters (form letter campaign) to Jack Kent Cooke,
Oct. 8, 1993, submitted by Otoe-Missouria Tribe of
Indians
67, p. 150;
(dup) 92, p. 132
PROTEST LETTERS NOT INDICATING AUTHORS ARE NATIVE AMERICANS
5 Protest letter Trudy Cooney (non-Native American) to Jack Kent
Cooke, Aug. 16, 1986
63, p. 83
(dup) 62, p. 140
5 Protest letter Christopher Burke (non-Native American) to Jack Kent
Cooke, Jan. 15, 1988
63, p. 85
5 Protest letter Gerrard W. Rudmin (non-Native American) to Jack Kent
63, p. 91
5 Protest letter Shirley McKinsey (non-Native American) to Jack Kent
63, p. 92
5 Protest letter David J. Eastman (non-Native American) to Jack Kent
63, p. 93
5 Protest letter Ottinger, et al. (non-Native Americans), to Jack Kent
63, p. 96
5 Protest letter Jay Davis (non-Native American) to Jack Kent Cooke,
Feb. 21, 1988, with Tim Giago , If the Name Redskins
Doesn't Bother Team Owner, How About Blackskins?,
editorial excerpt (Sioux Falls Argus Leader, Feb. 21,
1988)
63, pp. 97-98
5 Protest letter Timothy E. Hamel (non-Native American) to Jack Kent
63, pp. 100-01
5 Protest letter Larry D. Jones (non-Native American) to Jack Kent
63, pp. 102-03
5 Protest letter J. Bruce Blake (non-Native American) to Jack Kent
Cooke, Feb. 22, 1988, with Tim Giago, If the Name
Redskins Doesn't Bother Team Owner, How About
Blackskins?, editorial excerpt (Sioux Falls Argus Leader,
Feb. 21, 1988)
63, pp. 104-05
5 Protest letter Lee Axdahl (non-Native American) to Jack Kent Cooke,
Feb. 22, 1988
63, p. 106

143

NR
Ex.
Ref. No.
5 Protest letter Kathleen H. Williams (non-Native American) to Jack
Kent Cooke, Feb. 22, 1988
63, p. 107
5 Protest letter Charles Woodard (non-Native American) to Jack Kent
63, p. 111
5 Protest letter Evelyn & E.A. Griesse (non-Native Americans) to Jack
63, p. 99
5 Protest letter Eleanor Rickard (non-Native American) to Jack Kent
63, p. 113
5 Protest letter M. Marin (non-Native American) to Jack Kent Cooke,
Feb. 23, 1988
63, p. 114
5 Protest letter John Margolis (non-Native American) to Jack Kent
63, p. 115
5 Protest letter Bob Folk (non-Native American) to Jack Kent Cooke, Feb.
25, 1988
63, p. 116
5 Protest letter Janice Munn Johnson (non-Native American) to Jack
63, pp. 117-18
5 Protest letter Verna K. Severson (non-Native American) to Jack Kent
63, p. 119
5 Protest letter Lynn Rudmin Chong (non-Native American) to Jack Kent
63, p. 120
5 Protest letter Ruth Alexander (non-Native American) to Jack Kent
Cooke, Mar. 3, 1988
63, p. 126
5 Protest letter Rudy Boschwitz (non-Native American) to Jack Kent
Cooke, Mar. 22, 1988
63, p. 130
5 Protest letter Diane P. (non-Native American) to Jack Kent Cooke, Apr.
5, 1988
63, p. 131
5 Protest letter Ronald B. Duber (non-Native American) to Jack Kent
Cooke, June 6, 1988
63, p. 139
5 Protest letter David A. Clarke, DC Council, to Jack Kent Cooke,
forwarding letter from Robert Coronado (non-Native
American) to Clarke, Feb. 9, 1989
63, pp. 141-43
5 Protest letter Lou Schoen, Minn. Council of Churches (non-Native
American) to Jack Kent Cooke, Jan. 3, 1991
63, p. 146
5 Protest letter Steve Macuk (non-Native American) to Jack Kent Cooke,
Jan. 15, 1991
63, p. 147
5 Protest letter Michael Corbett (non-Native American) to Director of
Communications, NFL, Jan. 25, 1991
63, p. 148
5 Protest letter Kristy Blain (non-Native American) to Director of
Communications, NFL, Jan. 29, 1991
63, p. 149
5 Protest letter U.S. Sen. Dennis DeConcini (ethnicity unstated) to NFL
Commissioner Paul Tagliabue, Mar. 13, 1991
63, pp. 150-51
5 Protest letter R. Scott Klappenbach (non-Native American) to Jack
Kent Cooke, Oct. 19, 1991
63, pp. 152-53

144

NR
Ex.
Ref. No.
5 Protest letter Diana L. Wilcox (non-Native American) to Jack Kent
Cooke, Oct. 23, 1991
63, p. 154
5 Protest letter Louis H. Kalikour (non-Native American) to Jack Kent
63, pp. 155-56
5 Protest letter Mitch Engel (non-Native American) to Jack Kent Cooke,
Nov. 1, 1991
63, pp. 158-59
5 Protest letter Dan Lieberman (non-Native American) to Jack Kent
Cooke, Nov. 14, 1991
63, p. 163
5 Protest letter Paul Kuenning (non-Native American) to Jack Kent
63, p. 164
5 Protest letter Frederick A. Wilson (non-Native American) to Maureen
Bunyan, CBS News, Nov. 20, 1991, with letter from same
to Scott Simon, NPR to Clarke, Jan. 18, 1988
63, pp. 165-67
5 Protest letter Elizabeth Hudman (non-Native American) to Jack Kent
63, p. 168
5 Protest letter John Lynch (non-Native American) to Jack Kent Cooke,
Nov. 23, 1991
63, p. 169
5 Protest letter Lewis Straughn Nippard (non-Native American) to Jack
Kent Cooke, Dec. 4, 1991
63, pp. 170-71
5 Protest letter Cynthia Mazur, First Congregational United Church of
Christ (non-Native American) to Jack Kent Cooke, Jan.
17, 1992
63, p. 177
5 Protest letter U.S. Sen. Paul D. Wellstone (ethnicity unstated) to NFL
Commissioner Paul Tagliabue, Jan. 21, 1992
63, p. 178
5 Protest letter Brian Myers (non-Native American) to Nick Coleman, St.
Paul Pioneer Press, Jan. 24, 1992, on his column
63, p. 179
5 Protest letter T. Paul Imse, Jr. (non-Native American) to Jack Kent
63, pp. 180-84
5 Protest letter T. Paul Imse, Jr. (non-Native American) to Jack Kent
Cooke, Feb. 6, 1992, responding to response of previous
letter
67, p. 13
5 Protest letter T. Paul Imse, Jr. (non-Native American) to George
Solomon, Washington Post Sports Editor, Feb. 6, 1992,
referencing previous letters as attached
67, p. 12
5 Protest letter G. Allen (non-Native American) to Jack Kent Cooke, Jan.
27, 1992
63, pp. 185-86
5 Protest letter Marietta L. Sandberg (non-Native American) to Jack
Kent Cooke, Jan. 28, 1992
67, p. 4
5 Protest letter John Brawthen (non-Native American) to Jack Kent
63, pp. 5-6
5 Protest letter Lona Stewart (non-Native American) to Jack Kent Cooke,
Jan. 29, 1992
67, p. 7
5 Protest letter Constance M. Skousen, Missoula Women for Peace (non-
Native American) to Jack Kent Cooke, Jan. 31, 1992
67, p. 8

145

NR
Ex.
Ref. No.
5 Protest letter Elmer Kuball (non-Native American) to Jack Kent Cooke,
Feb. 2, 1992
67, p. 9
5 Protest letter Larry Shapiro (non-Native American) to Jack Kent
Cooke, Feb. 5, 1992
67, p. 10
5 Protest letter Toni Zima (non-Native American) to Jack Kent Cooke,
Feb. 1, 1992
67, p. 11
5 Protest letter Dirk A. Griffin (non-Native American) to Jack Kent
67, pp. 15-16
5 Protest letter Michael Scicutella (non-Native American) to Jack Kent
67, p. 17
5 Protest letter Dennis P. Dalton (non-Native American) to Jack Kent
67, pp. 18-20
5 Protest letter Donald D. Kummings (non-Native American) to Jack
Kent Cooke, Feb. 24, 1992, with publication excerpts
67, pp. 21-23
5 Protest letter Benjamin Alexander (non-Native American) to
Washington Redskins, Feb. 25, 1992, with Open Letter to
Washington Redskins Fans
67, pp. 24-27
5 Protest letter William P. Lightfoot, DC Council (ethnicity unstated) to
Jack Kent Cooke, Feb. 25, 1992
67, p. 28
5 Protest letter Alison J. Gegenhuber (non-Native American) to Jack
Kent Cooke, Feb. 26, 1992, with Bud Geracie, Time for
Redskins to Change Their Name, editorial excerpt (San
Jose Mercury News, Jan. 28, 1992)
67, p. 29
5 Protest letter Douglas & Charlotte Graham (non-Native Americans) to
Jack Kent Cooke, Jan. 27, 1992, with cartoon (St.
Petersburg Times, Jan. 26, 1992)
67, pp. 30-31
5 Protest letter Stanley Carpenter (non-Native American) to Washington
Post Letter to the Editor, Mar. 5, 1992
67, p. 32
5 Protest letter George W. Howe (non-Native American) to Jack Kent
67, p. 34
5 Protest letter Dave Wachter (non-Native American) to Jack Kent
67, p. 39
5 Protest letter Thomas Watkins (non-Native American) to Jack Kent
Cooke, Mar. 23, 1992, with letter from same to
Washington Post, Mar. 23, 1992
67, pp. 41-42
5 Protest letter Elliot L. Stevens, Cent. Conference of Am. Rabbis (non-
Native American) to Jack Kent Cooke, April 1992, with
Racism Resolution Adopted by the 103rd Annual
Convention of sender (Apr. 1992);
67, pp. 48-49;

(dup)
99, p. 99
5 Protest letter Clare Nichols (non-Native American) to Jack Kent Cooke,
Apr. 18, 1992
67, p. 51
5 Protest letter Deanna L. Shimko-Herman (non-Native American) to
Jack Kent Cooke, Apr. 21, 1992
67, p. 52

146

NR
Ex.
Ref. No.
5 Protest letter Dan Mackie (non-Native American) to Jack Kent Cooke,
Apr. 29, 1992
67, p. 53
5 Protest letter K. Schowalter (non-Native American) to Jack Kent
Cooke, May 4, 1992
67, p. 54
5 Protest letter Joseph P. Morra (non-Native American) to Jack Kent
Cooke, May 11, 1992
67, pp. 55-56
5 Protest letter Bud White (non-Native American) to Jack Kent Cooke,
June 11, 1992
67, p. 57
5 Protest letter Kenneth R. Fredgren (non-Native American) to Jack
Kent Cooke, June 19, 1992, with Maurice Patton, Ill.
School Does Right Thing, Drops Redskins Nickname
(USA Today, June 18, 1992)
67, pp. 58-59
5 Protest letter Chas. T. Hayes (non-Native American) to Jack Kent
Cooke, July 9, 1992
67, pp. 60-61
5 Protest letter Stephen T. Wicke (non-Native American) to Jack Kent
Cooke, Aug. 21, 1992
67, pp. 62-63
5 Protest letter William & Kathy Miller (non-Native Americans) to Jack
Kent Cooke, Sept. 1992
67, p. 64
5 Protest letter Mitch Engel (non-Native American) to Jack Kent Cooke,
Sept. 23, 1992
63, p. 66
5 Protest letter Brian George (non-Native American) to Jack Kent Cooke,
Sept. 25, 1992
67, p. 67
5 Protest letter Jackee Allen (non-Native American) to Jack Kent Cooke,
Oct. 3, 1992, forwarding her editorial Football Teams
Shouldnt Have Racist Names (Daily Record (Morris
County, NJ), Sept. 25, 1992)
67, pp. 69-72
5 Protest letter Bob Carter (non-Native American) to Jack Kent Cooke,
Nov. 10, 1992
67, p. 75
5 Protest letter Members of First Congregational Church (non-Native
Americans) to Jack Kent Cooke, Nov. 24, 1992
67, p. 76
5 Protest letter Dan Lee (non-Native American) to Jack Kent Cooke, Dec.
7, 1992
67, p. 77
5 Protest letter John Hallenbeck (non-Native American) to Wash.
Redskins, Dec. 30, 1992, forwarding his editorial How
bout Redskins?(Times Union (Albany, NY), Dec. 25, 1992)
67, pp. 78-79
5 Protest letter Allan & Eric Coles (non-Native Americans) to Jack Kent
Cooke, Mar. 8, 1993
67, p. 82
5 Protest letter Debara Gertenberg (non-Native American) to Jack Kent
Cooke, Mar. 8, 1993
67, p. 83
5 Protest letter Kathleen E. Quasey (non-Native American) to Jack Kent
67, pp. 84-85
5 Protest letter Kathy Crawford (non-Native American) to Jack Kent
Cooke, May 11, 1993
67, p. 88

147

NR
Ex.
Ref. No.
5 Protest letter J. Tyler (non-Native American) to Jack Kent Cooke, July
13, 1993
67, pp. 89-90
5 Protest letter Jon Cohen (non-Native American) to Jack Kent Cooke,
Aug. 3, 1993
67, p. 91
5 Protest letter Joe R. Talaugon, Comm. for Betterment of Santa Maria
Valley (non-Native American) to Jack Kent Cooke, Aug.
24, 1993
67, p. 92
5 Protest letter Natl Rainbow Coalition, Inc. & non-Native American
supporters (form letter campaign) to Jack Kent Cooke, all
dated Oct. 8, submitted by Jesse L. Jackson, Ronald
Blackburn, Lee Rory Hogan, Ernest Haywood, Ralph
Johnson, Cindi Robinson, Toni Tyler, Calvin Owens,
Betty Anne Summings, Michael More, Calvin Drum,
Lawrence Jones, Cheryl Hansen, Charles B. Watkins,
Bart Smith, Nancy Simmons, Paul Jobe, Mariam Buhari,
Jean Claude Sarr, Ousame Br, Sophia Ine, Martin
Dubois, Amadon Diallo, Serache Claire, Maurice
Dupardieuz, Tom Rollings, M.T., Charles Farrell, Greg
Halloway, Hilary N., Jo Ann C., Anthony Bell-Zuccarelli,
Jane Kay, Kyra Japan, F. E. Woodson, Rebecca Murphy,
Owanah Anderson, Sharon Metz, Norma Barquet,
Richard Allen, Brenda P. Simmons, Thomas Barnes,
Daisy Wood, Jean Gore, Aida Bound, Patricia Marshall,
Monique Hitch, L. Neels, Janeen Cornish, Christine
Jansen, Janice Netherland, Melissa Burkhart, Joe
Gaskins, Shan Goshorn, Mannie Jackson
67, pp. 95-129,
131-32, 135-
36, 140, 142-
47, 149, 153-
62;
(dup)
92, pp. 78-111,
113-14, 117-
18, 122, 124-
29, 131, 135-44
5 Protest letter Natl Coalition on Racism in Sports & the Media (non-
Native American) to Jack Kent Cooke, Oct. 8, 1993
67, p. 133;
(dup) 92, p. 115
5 Protest letter Killian Jordan (non-Native American) to Jack Kent
Cooke, Oct. 8, 1993
67, p. 134;
(dup) 92, p. 116
5 Protest letter Eve Roberts (non-Native American) to Jack Kent Cooke,
Oct. 8, 1993
67, p. 139;
(dup) 92, p. 121
5 Protest letter Pat Moon (non-Native American) to Jack Kent Cooke,
Oct. 8, 1993
67, p. 141;
(dup) 92, p. 123
5 Protest letter Andrea Utrie (non-Native American) to Jack Kent Cooke,
Oct. 8, 1993
67, p. 148;
(dup) 92, p. 130
5 Protest letter Mario Obledo (non-Native American) to Jack Kent Cooke,
Oct. 5, 1993
67, p. 151;
(dup) 92, p. 133
5 Protest letter Andrea Newman & Benjamin Wegner (non-Native
Americans) to Jack Kent Cooke, Mar. 8, 1993
67, p. 152;
(dup) 92, p. 134
PROTEST LETTERS WITH NO SOURCE OR NO DATE
5 Protest letter R. Schmidt (non-Native American) to J. Cooke, undated,
with attached Tim Giago Whats in a Name?Racism
editorial excerpt (Grand Forks Herald, Feb. 13, 1988)
63, p. 88-90

148

NR
Ex.
Ref. No.
5 Protest letter Donald Tobbin (non-Native American) to Jack Kent
Cooke, undated, with Tim Giago We are Human Beings,
not Mascots editorial excerpt (Grand Falls Tribune, Feb.
16, 1988)
63, p. 87
5 Protest letter Jean Baker (non-Native American) to Jack Kent Cooke,
63, p. 124
5 Protest letter Douglas G. Yeager (non-Native American) to Jack Kent
Cooke, undated (date stamped JKC Inc. June 1, 1988)
63, p. 138
5 Protest letter Susan L. Peters (non-Native American) to Jack Kent
Cooke, undated
63, p. 145
5 Protest letter George C. Dyers (non-Native American) to Jack Kent
Cooke, undated (date stamped JKC Inc. Oct. 30, 1991)
63, p. 157
5 Protest letter Jesse Seitel (a minor and non-Native American) to Jack
Kent Cooke, undated (date stamped JKC Inc. Dec. 26,
1991)
63, p. 176
5 Protest letter Unnamed author to Jack Kent Cooke, Mar. 12, 1992 67, pp. 35-36
5 Protest letter Unsigned letter to Jack Kent Cooke, undated (date
stamped JKC Inc. Mar. 13, 1992)
67, pp. 35-36
5 Protest letter Rochelle Weisser (non-Native American) to Jack Kent
Cooke, undated (date stamped JKC Inc. Mar. 18, 1992)
67, p. 40
5 Protest letter Friends of Washington to unspecified, undated (date
stamped JKC Inc. Apr. 16, 1992)
67, p. 50
5 Protest letter Dargie Anderson (a minor and non-Native American) to
Jack Kent Cooke, undated (date stamped Redskin Park
Oct. 22, 1992)
67, p. 73
5 Protest letter Robert Owens (non-Native American) to Jack Kent
Cooke, undated (date stamped Redskin Park Oct. 30,
1992)
67, p. 74
5 Protest letter Unnamed author to Sir, Jan. 15, 1993 67, pp. 80-81
5 Protest letter Jenny Sauronski (non-Native American) to John Kent
Cooke, undated (date stamped Sep. 13 Recd)
67, p. 94
5 Protest letter Karen Muler (non-Native American) to Jack Kent Cooke,
undated
67, p. 137;
(dup) 92, p. 119
5 Protest letter James Fite (non-Native American) to Jack Kent Cooke,
undated
67, p. 138;
(dup) 92, p. 120
32 Protest letter Maggie Gover, to Mary Jo Manning, undated 77, p. 8
REPORTS, INCL. EXPERT PREPARATION MATERIALS
71 Report Report & Recommendation of the Dartmouth Alumni
Counsel Indian Symbol Study Committee, June 15, 1972
91, pp. 42-52

149

NR
Ex.
Ref. No.
77 &
78
Cover memo,
report, &
executive
summary
John Roy Castillo, Dir., Mich. Dept of Civil Rights, to
Native American Organizations, Nov. 7, 1986, & Mich.
Civil Rights Commn Report on Use of Nicknames, Logos
and Mascots Depicting Native Am. People in Mich. Educ.
Institutions, Oct. 1988
91, pp. 93-191,
194-95
86 Executive
summary
Carol Hand, Deputy Dir., Great Lakes Inter-Tribal
Council, Inc., Am. Indian Study Comm. Executive
Summary of Testimony Presented Nov. 12, 1992
95, pp. 15-16
N/A Unpublished
expert report
Nunberg Dep. Ex. 2 (first part): Expert Disclosure of
Geoffrey Nunberg, June 10, 1996
83, pp. 60-74
N/A Cover memo
& summary of
findings
Nunberg Dep. Ex. 3: Quantitative data results of
database search of terms, June 15, 1996
83, pp. 83-88
N/A Unpublished
expert report
Ross Dep. Ex. 3 (part): Expert Disclosure of Ivan Ross,
June 10, 1996;
As Ross Dep. Ex. 5
97, pp. 5-14;
(dup)
84, pp. 75-84
N/A Study table,
cover memo,
questionnaire,
& study
Ross Dep. Ex. 3 (part): Questionnaire, sample report,
table of results from March 2 and 6, 1996 surveys, with
cover letter from Jim Robinson, Robinson & Muenster, to
Ivan Ross, May 16, 1996;
As Ross Dep. Ex. 9
97, pp. 30-202;
84, pp. 4-59;

103, pp. 63-
208;
104, pp. 4-123;
105, pp. 4-26
N/A Study table Ross Dep. Ex. 5 (part): Results Table 84, p. 85
N/A General file
materials
Ross Dep. Ex. 6: File materials not in Ross Dep. Ex. 3

84, pp. 87-110
N/A Unpublished
expert report
Hirschfelder Dep. Ex.8: Expert Disclosure of Arlene B.
Hirschfelder, June 10, 1996
107, pp. 110-16
N/A Unpublished
expert report
Hoxie Dep. Ex. 2: Expert Disclosure of Frederick E.
Hoxie, June 10, 1996
107, pp. 125-34
N/A List Courtney Dep. Ex. 1: List of films for potential
Redskins citations
105, pp. 33-34
N/A List Courtney Dep. Ex. 2: List of screened films 105, p. 35
NA Footage
transcription
Courtney Dep. Ex. 4: Index including transcription of
footage of Courtney Dep. Ex. 3 footage of major motion
picture productions
105, pp. 37-41
N/A Notes Courtney Dep. Ex. 5: Working notes for Redskins film
research
105, pp. 42-62
N/A List Hirschfelder Dep. Ex. 3: Listing of experts publications 106, pp. 18-20
N/A Unpublished
expert report
LaFromboise Dep. Ex. 2: Expert Report of Theresa D.
LaFromboise, June 10, 1996
108, pp. 29-38

150

NR
Ex.
Ref. No.
N/A Notes Nunberg Dep. Ex. 33: Notes for deposition on denotation
and connotation
108, pp. 100-01
N/A Notes Nunberg Dep. Ex. 34: Notes for deposition on
distinguishing informal from connotative terms
108, pp. 102-07
N/A Notes Nunberg Dep. Ex. 37: Excerpts from 19th century novels 86, p. 37
N/A List Nunberg Dep. Ex. 38: Listing of citations from database
search of redskins referring to Indians
86, pp. 38-49
N/A Notes Nunberg Dep. Ex. 39: Distinguishing informal from
connotative terms
86, pp. 50-54
N/A List Nunberg Dep. Ex. 42: Listing of names of sports teams 92, pp. 151-52
N/A Formula Ross Dep. Ex. 156: Response rate formulas, detailed, and
in sample reports
92, pp. 175-78
N/A Raw data Ross Dep. Ex. 159: Data from North American study 92, pp. 188-90
N/A Unpublished
study
Ross Dep. Ex. 160: Jacob Jacoby, Study of Consumer
Association & Confusion Regarding Retractable Tape
Measures (1988)
93, pp. 4-25
N/A Sample
questionnaire
Ross Dep. Ex. 161: In-Store Study Main Questionnaire
(1991)
93, pp. 26-34
N/A Sample
questionnaire
Ross Dep. Ex. 162: In-Store Study Main Questionnaire
(Feb. 1987)
93, pp. 35-42
N/A List Ross Dep. Ex. 201: Cover memo & ranking of Native Am.
populations by U.S. counties, Mar. 11, 1996
93, pp. 104-07
N/A List Ross Dep. Ex. 202: Estimates of population by U.S.
counties by race and Hispanic origin (July 1, 1994)
94, pp. 4-81
N/A List Ross Dep. Ex. 203: Listing of top 50 U.S. counties with
highest numbers of Native Americans, based on 1994
census
94, pp. 82-83
N/A List Ross Dep. Ex. 204: Listing of petitioners top 50 U.S.
counties of Native American population, based on 1994
census
94, pp. 84-85
RESOLUTIONS (THIRD-PARTY) OPPOSING USE OF REDSKINS
3

Resolution

Natl Congress of Am. Indians, Resolution No. EX DC-93-
11, Resolution in Support of the Petition for Cancellation
of the Registered Services Marks of the Washington
Redskins AKA Pro-Football Inc. (Jan. 18-19, 1993);
As Chase Dep. Ex. 108
63, pp. 71-77;

(dup)
83, pp. 47-48
4 Resolution Cent. Conference of Am. Rabbis, Racism Resolution
Adopted by the 103rd Annual Convention, calling upon
the Atlanta Braves and Washington Redskins to combat
racial stereotyping (Apr. 1992);
63, p. 79,
(dup) 67, p. 49;

94, pp. 96-97

151

NR
Ex.
Ref. No.
4 Resolution Am. Jewish Comm., Portland, Or., Resolution opposing,
inter alia, use of racial or ethnic stereotypes in the names
or titles of sport entities when the affected group has not
chosen the name itself (passed Sept. 2, 1992), Oct. 21,
1992
As Kahn Dep. Ex. 1
63, p. 80;

(dup)
108, p. 16
4 Resolution Unity 94, Mascot Resolution to discontinue use, inter
alia, of Native American nicknames, logos and mascots
(July 27, 1994);
As Swanston Dep. Ex. 1
63, p. 81

94, p. 127
RESOLUTIONS (THIRD-PARTY) SUPPORTING USE OF REDSKINS
N/A Resolution Nunberg Dep. Ex. 41 (part): Inter-Tribal Council, Inc.
Resolution (1992), with cover letter from Modoc Tribe of
Okla., Jan. 16, 1992
88, pp. 124-27
SOLICITATION LETTERS
5 Solicitation
Letter
Solicitation from Edward E. Williams to Jack Kent
Cooke, undated and topic of letter not related to the
Redskins name
63, p. 144
5 Solicitation
Letter
Solicitation from John Martin Meeks to Redskins GM,
Nov. 5, 1991
63, pp. 160,
162
SUPPORT LETTERS INDICATING INDIVIDUAL AUTHORS ARE NATIVE AMERICANS
N/A Support letter Nunberg Dep. Ex. 41 (part): George B. Tsoodle (Kiowa
Indian) to Washington Redskins, undated [in 1988
labeled folder]
88, p. 30
N/A Support letter Nunberg Dep. Ex. 41 (part): Princess Palemoon
(Cherokee/Ojibwa) to Jack Kent Cooke, Nov. 6, 1991
88, pp. 92-93
N/A Support letter Nunberg Dep. Ex. 41 (part): M. Henson (Blackfoot
Indian) to Sen. Ben Nighthorse Campbell, July 22, 1993
92, p. 72
SUPPORT CORRESPONDENCE INDICATING NATIVE AMERICAN TRIBAL SUPPORT
N/A

Support letter Nunberg Dep. Ex. 28: Stanley G. Jones Sr., Chairman,
Tulalip Tribes (Wash.), to Redskin Support Comm., Aug.
31, 1992;
83, p. 157;

(dup)
92, p. 62
N/A

Support letter Nunberg Dep. Ex. 29: Jerry G. Haney, Principal Chief,
Seminole Nation of Okla., to Jack Kent Cooke, Wash.
Redskins, Jan. 23, 1992
83, p. 159
N/A

Support letter Nunberg Dep. Ex. 30: Hollis E. Roberts, Chief, Choctaw
Nation of Okla., to Charlie Dayton, V.P., Wash. Redskins
Communications Dept, Jan. 23, 1992;
Nunberg Dep. Ex. 41 (part)
83, pp. 161-62;

(dup)
88, pp. 135-38
N/A

Support letter Nunberg Dep. Ex. 27: Floyd E. Leonard, Chief of the
Miami Tribe of Oklahoma, to C. A. Buser, June 21, 1991;
83, pp. 154-55;
(dup)
88, pp. 76-77

152

NR
Ex.
Ref. No.
N/A Support letter Nunberg Dep. Ex. 41 (part): Stan Jones Sr., Chairman,
Tulalip Tribes (Wash.), to Sen. John McCain, Oct. 30,
1991
88, pp. 86-89
N/A Support fax Nunberg Dep. Ex. 41 (part): J. Lisanby, Sioux Indians of
Fort Totten, N.D. to Charlie Drayton, Redskins Park,
Jan. 17, 1992
88, p. 128
N/A

Support letter Nunberg Dep. Ex. 31: Robert J. Salgado, Chairman,
Soboba Band of Mission Indians, to Jack Kent Cooke,
Wash. Redskins, Jan. 17, 1992;
As Nunberg Dep. Ex. 41 (part) ;
83, p. 164;
(dup) 88, pp.
129,
133;
94, p. 113
N/A Support letter Nunberg Dep. Ex. 41 (part): Jerry G. Haney, Principal
Chief, Seminole Nation of Okla., to Jack Kent Cooke, Jan.
23, 1992
88, p. 134
N/A Support letter Nunberg Dep. Ex. 41 (part): Catherine Elston, PR Office,
Hopi Tribe, to Jo Walter, July 16, 1992
92, p. 65
N/A

Support letter Nunberg Dep. Ex. 25: Jonathan L. Taylor, Principal
Chief, Eastern Band of Cherokee Indians, to Jo Walter,
July 16, 1992;
83, p. 150;

(dup)
92, p. 66
N/A Support letter
Nunberg Dep. Ex. 26: Merna L. Lewis, V.P., Pima-
Maricopa Indian Community (Ariz.), to Jo Walter,
July 14, 1992;
83, p. 152;

(dup)
92, p. 67
N/A Support letter Nunberg Dep. Ex. 41 (part): Ronald R. Julian, Council
Member, Jicarilla Apache Tribe (Dulce, N.M.) to Rick
Vaughn, Wash. Redskins, Sept. 8, 1994
92, p. 147
SUPPORT LETTERS NOT INDICATING AUTHORS ARE NATIVE AMERICANS
N/A Support letter Nunberg Dep. Ex. 41 (part): James Patrick Thomas to
88, p. 31
N/A Support letter Nunberg Dep. Ex. 41 (part): Gwen Eggebraaten to Jack
88, p. 32
N/A Support letter Nunberg Dep. Ex. 41 (part): E. H. Paulsen to Jack Kent
88, p. 33
N/A Support letter Nunberg Dep. Ex. 41 (part): W. J. Bryant to Jack Kent
Cooke, undated (date stamped JKC Inc. Feb. 29, 1988)
88, pp. 34-36;
(dup) 41-45
N/A Support letter Nunberg Dep. Ex. 41 (part): Brenda Chilstrom to Jack
88, p. 37
N/A Support letter Nunberg Dep. Ex. 41 (part): George W. T. Hughes to
88, pp. 38-39
N/A Support letter Nunberg Dep. Ex. 41 (part): L. M. (Pat) Egan to Jack
Kent Cooke, undated (date stamped JKC Inc. Mar. 1,
1988)
88, pp. 46-47

153

NR
Ex.
Ref. No.
N/A Support letter Nunberg Dep. Ex. 41 (part): Karen Goeke to Jack Kent
88, p. 49
N/A Support letter Nunberg Dep. Ex. 41 (part): John B. Garrett, Jr. to Jack
Kent Cooke, Mar. 10, 1988
88, p. 50
N/A Support letter Nunberg Dep. Ex. 41 (part): Robert N. Huey to Jack Kent
88, p. 51
N/A Support letter Nunberg Dep. Ex. 41 (part): Jane Rush to Jack Kent
88, p. 52
N/A Support letter Nunberg Dep. Ex. 41 (part): Sylvia L. Cash to Jack Kent
Cooke, Apr. 18, 1988
88, pp. 53-54
N/A Support letter Nunberg Dep. Ex. 41 (part): Robert H. Paschall to Jack
Kent Cooke, Apr. 21, 1988
88, p. 55
N/A Support letter Nunberg Dep. Ex. 41 (part): Wilcomb E. Washburn to
John Kent Cooke, Jr., Apr. 25, 1988, with his WASH.
POST editorial, Apr. 23, 1988, at A23, attached
88, pp. 57-58
N/A Support letter Nunberg Dep. Ex. 41 (part): Evie Braman to Jack Kent
Cooke, May 10, 1988
88, p. 61
N/A Support letter Nunberg Dep. Ex. 41 (part): Lucky Tomblin to Donnie
Tuck, Pub. Relations Dir., Wash. Redskins, May 23, 1988
88, pp. 62-63
N/A Support letter Nunberg Dep. Ex. 41 (part): Art Nelson to Jack Kent
Cooke, Mar. 9, 1989
88, pp. 66-68
N/A Support letter Nunberg Dep. Ex. 41 (part): Ronald N. Paul to Jack Kent
Cooke, Mar. 1989
88, pp. 69-71
N/A Support letter Nunberg Dep. Ex. 41 (part): Robert N. Huey to Jack Kent
Cooke, Mar. 29, 1989, with AP, Indian Band Dislikes
Nickname Campaign, Sioux Falls Argus Leader (S.D.),
Mar. 23, 1989, attached
88, pp. 73-74
N/A Support letter Nunberg Dep. Ex. 41 (part): Karen E. Elkins to Jack
Diamond, MIX 107.6 (DC radio station), Oct. 23, 1991
88, pp. 78-79
N/A Support letter Nunberg Dep. Ex. 41 (part): Rusty Briarton to Jack Kent
88, p. 80
N/A Support letter Nunberg Dep. Ex. 41 (part): Francis J. Donnelly to Jack
Kent Cooke, Oct. 26, 1991
88, p. 81
N/A Support letter Nunberg Dep. Ex. 41 (part): Harry J. Gould to President,
Wash. Redskins, Oct. 28, 1991, with Norm Frauenheim,
No Reservations: Arizonas Braves Proud of Nickname,
[no shown date], at C1, C10, attached
88, pp. 82-85
N/A Support letter Nunberg Dep. Ex. 41 (part): Robert D. Kohn to Jack Kent
Cooke, Nov. 4, 1991
88, p. 90
N/A Support letter Nunberg Dep. Ex. 41 (part): Don Blevins to Jack Kent
Cooke, Nov. 4, 1991
88, p. 91
N/A Support letter Nunberg Dep. Ex. 41 (part): Tony Hurley to Jack Kent
88, pp. 94-95

154

NR
Ex.
Ref. No.
N/A Support letter Nunberg Dep. Ex. 41 (part): Tony Gourse to Jack Kent
88, pp. 96-97
N/A Support letter Nunberg Dep. Ex. 41 (part): David T. Read to Jack Kent
88, pp. 98-99
N/A Support letter Nunberg Dep. Ex. 41 (part): Hal W. Pattison to Joy J.
Hanley, Assoc. on Am. Indian Affairs, Inc., Nov. 28, 1991
88, pp. 100-01
N/A Support letter Nunberg Dep. Ex. 41 (part): Wm. D. Lillard to Wash.
Redskins, Nov. 28, 1991
88, p. 102
N/A Support letter Nunberg Dep. Ex. 41 (part): Mark Naeser to Jack Kent
Cooke, undated (date stamped JKC Inc. Dec. 10, 1991)
88, p. 103
N/A Support letter Nunberg Dep. Ex. 41 (part): Wilcomb E. Washburn to
John Kent Cooke, Jr., Dec. 24, 1991, with his typescript
of magazine article, attached
88, pp. 104-12,
120
N/A Support letter Nunberg Dep. Ex. 41 (part): Patricia Parker Levi to
Charlie Dayton, Wash. Redskins, Jan. 2, 1992, with
public relations campaign proposal attached
88, pp. 114-18
N/A Support letter Nunberg Dep. Ex. 41 (part): Billie J. Hipsley to Wash.
Redskins, Jan. 13, 1992, with Mark Holmberg, Whats All
the Fuss About Skins, Richmond Times-Dispatch, [no
shown date], at C5, attached
88, pp. 121-22
N/A Support letter Nunberg Dep. Ex. 41 (part): A. Neal Kellum to Redskins
Pub. Relations, Jan. 14, 1992
88, p. 123
N/A Support letter Nunberg Dep. Ex. 41 (part): Harry M. Hittle to Jack
Kent Cooke, Jan. 22, 1992
88, pp. 130-32
N/A Support letter Nunberg Dep. Ex. 41 (part): Joe Davis to Jack Kent
88, pp. 139-42
N/A Support letter Nunberg Dep. Ex. 41 (part): Philip A. May to Wash.
Redskins Dir. Pub. Relations, Jan. 27, 1992
88, p. 144
N/A Support
letters
Nunberg Dep. Ex. 41 (part): U.S, House of
Representatives, Comm. on Public Works & Transp. to
Charlie Dayton, Pub. Relations, Feb. 13, 1992, with
letters from schoolchildren attached
88, pp. 145-47
N/A Support letter Nunberg Dep. Ex. 41 (part): Wm. L. Wilkoff to Jack Kent
88, p. 148
N/A Support letter Nunberg Dep. Ex. 41 (part): John Mull to Jack Kent
88, p. 149
N/A Support letter Nunberg Dep. Ex. 41 (part): Patti H. Snodgrass to Jack
88, p. 150
N/A Support letter Nunberg Dep. Ex. 41 (part): Steve Lerman to Jack Kent
Cooke, Mar. 4, 1992
88, p. 151
N/A Support letter Nunberg Dep. Ex. 41 (part): William P. Conway to Jack
88, p. 152
N/A Support letter Nunberg Dep. Ex. 41 (part): Concetta C. Goetzinger to
Sports Editor of the Times, Mar. 4, 1992
88, p. 153

155

NR
Ex.
Ref. No.
N/A Support letter Nunberg Dep. Ex. 41 (part): Robert Mirin to John Kent
Cooke, Mar. 4, 1992
88, p. 154
N/A Support letter Nunberg Dep. Ex. 41 (part): Dianna Belcher to Wash.
Redskins, Mar. 5, 1992
88, p. 155
Wash. Redskins, Mar. 5, 1992
88, p. 156
N/A Support letter Nunberg Dep. Ex. 41 (part): Gary L. Gallahan to Jack
88, p. 157
N/A Support letter Nunberg Dep. Ex. 41 (part): Ned Fuller to Letter to the
Editor, Wash. Post, Mar. 6, 1992
88, pp. 159-60
N/A Support letter Nunberg Dep. Ex. 41 (part): A. Wayne Coley to Jack
88, p. 161
N/A Support letter Nunberg Dep. Ex. 41 (part): M. E. Murphy to Jack Kent
Cooke, Mar. 6, 1992
88, p. 162
N/A Support letter Nunberg Dep. Ex. 41 (part): Don Craig to Jack Kent
88, p. 163
N/A Support letter Nunberg Dep. Ex. 41 (part): R. E. Kidwell to Jack Kent
88, p. 164
N/A Support letter Nunberg Dep. Ex. 41 (part): Arthur P. McDermott to
Jack Kent Cooke, Mar. 14, 1992
88, p. 165
N/A Support letter Nunberg Dep. Ex. 41 (part): Peter Byrum to Jack Kent
88, p. 166
N/A Support letter Nunberg Dep. Ex. 41 (part): Randy Cross to Jack Kent
88, pp. 167-68
88, p. 170
N/A Support letter Nunberg Dep. Ex. 41 (part): Margaret Cichocki to Jack
88, p. 171
N/A Support letter Nunberg Dep. Ex. 41 (part): James A. Joyner, Jr. to Gen.
Mgr., WTOP Radio, Mar. 16, 1992
88, pp. 172-73
N/A Support letter Nunberg Dep. Ex. 41 (part): Richard O. Cunningham to
WTOP Radio, Mar. 17, 1992
88, pp. 174-75
N/A Support letter Nunberg Dep. Ex. 41 (part): John T. & Mildred R.
Sheperd to Jack Kent Cooke, Mar. 17, 1992
88, p. 176
N/A Support letter Nunberg Dep. Ex. 41 (part): Kenneth C. Allen to Jack
88, p. 177
N/A Support letter Nunberg Dep. Ex. 41 (part): Louise M. Saylor to Letter to
the Editor, Wash. Post, Mar. 17, 1992
88, p. 179
N/A Support letter Nunberg Dep. Ex. 41 (part): Bill Ramsay to Jack Kent
88, pp. 180-81
N/A Support letter Nunberg Dep. Ex. 41 (part): Nicholas T. Yaworski to
Michael Douglass, GM, WTOP Radio, Mar. 18, 1992
92, p. 4
N/A Support letter Nunberg Dep. Ex. 41 (part): James E. Felten to Michael
Douglass, WTOP Radio, Mar. 18, 1992
92, p. 5

156

NR
Ex.
Ref. No.
N/A Support letter Nunberg Dep. Ex. 41 (part): Theodore W. Bremer to Jack
92, p. 6
N/A Support letter Nunberg Dep. Ex. 41 (part): Helen & Edward Beaver to
92, p. 7
N/A Support letter Nunberg Dep. Ex. 41 (part): Alexander Polett to Jack
92, p. 8
N/A Support letter Nunberg Dep. Ex. 41 (part): Ricardo J. Martinez to Jack
92, pp. 9-14
N/A Support letter Nunberg Dep. Ex. 41 (part): William F. Jr. & Velma L.
Kidwell to Jack Kent Cooke, Mar. 23, 1992
92, p. 15
N/A Support letter Nunberg Dep. Ex. 41 (part): Francis J. Donnelly to
Michael Douglass, GM, WTOP Radio, Mar. 24, 1992
92, p. 18
N/A Support letter Nunberg Dep. Ex. 41 (part): Francis J. Donnelly to Jack
92, p. 19
N/A Support letter Nunberg Dep. Ex. 41 (part): Charles E. Reed to Wash.
Redskins, Mar. 27, 1992, with his letter to the editor
Undeserved Names are Offensive, Mont. Std., Mar. 25,
1992, at 4, attached
92, pp. 22-23
N/A Support letter Nunberg Dep. Ex. 41 (part): Arthur W. Arundel to Jack
Kent Cooke, Mar. 26, 1992, Charles E. Reed to Wash.
Redskins, Mar. 27, 1992, with his editorial Keep the
Name, Fauquier Times-Democrat, Mar. 26, 1992,
attached
92, pp. 24-25
N/A Support letter Nunberg Dep. Ex. 41 (part): John Milot to Jack Kent
92, p. 26
N/A Support letter Nunberg Dep. Ex. 41 (part): Eddie M. Bryant Sr. to Jack
92, p. 27
N/A Support letter Nunberg Dep. Ex. 41 (part): Robert S. Hubbard to Jack
Kent Cooke, Apr. 3, 1992
92, p. 28
N/A Support letter Nunberg Dep. Ex. 41 (part): Paul Sheldon to Jack Kent
Cooke, Apr. 9, 1992
92, p. 29
N/A Support letter Nunberg Dep. Ex. 41 (part): J. V. Richard Kaufman to
Jack Kent Cooke, Apr. 14, 1992, with enclosed photos
identified as taken at the Red Mesa High School on a
Navaho reservation in northern Ariz., showing Home of
the Redskins signs;
92, pp. 30-31;

(dup)
94, p. 111
N/A Support letter Nunberg Dep. Ex. 41 (part): Michael John Nisos to Jack
Kent Cooke, undated (date stamped JKC Inc. Apr. 28,
1992), with photo indicating it shows Redskin Indian-
named movie theater located in Andarko, Okla.
92, pp. 33-34

157

NR
Ex.
Ref. No.
N/A Support letter Nunberg Dep. Ex. 41 (part): Ruth Walkup to Jack Kent
Cooke, Aug. 1, 1992, with enclosed photo identified as
taken at the Red Mesa High school on a Navaho
reservation in Tonelea, Ariz., showing Home of the
Redskins sign
92, pp. 35-38
N/A Support letter Nunberg Dep. Ex. 41 (part): George P. Morse to Jack
Kent Cooke, Aug. 5, 1992
92, p. 39
N/A Support letter Nunberg Dep. Ex. 41 (part): Mary Beth Hughes to Jack
Kent Cooke, undated (date stamped JKC Inc. Aug. 27,
1992)
92, p. 40
N/A Support letter Nunberg Dep. Ex. 41 (part): Priscilla J. Fritz to Letters
to the Editor, Wash. Post, Sept. 2, 1992, with enclosed
photo identified as being from the Redskin Motel on a
Cherokee Indian Reservation
92, pp. 41-42
N/A Support letter Nunberg Dep. Ex. 41 (part): James Brewster Hopewell to
Jack Kent Cooke, Sept. 14, 1992
92, pp. 43-44
N/A Support letter Nunberg Dep. Ex. 41 (part): James R. Martin to Jack
Kent Cooke, Sept. 15, 1992
92, pp. 45-46
N/A Support letter Nunberg Dep. Ex. 41 (part): Dr. Wil Rose, CEO, Am.
Indian Heritage Found. to Douglas B. Comer, USPTO
Acting Commr, Sept. 21, 1992
92, pp. 47-49
N/A Support letter Nunberg Dep. Ex. 41 (part): Dr. Wil Rose, CEO, Am.
Indian Heritage Found. to John Cooke, Sept. 21, 1992,
with letter sent to the USPTO attached
92, pp. 50-53
N/A Support letter Nunberg Dep. Ex. 41 (part): Bob Burns to Jack Kent
Cooke, Oct. 1, 1992
92, pp. 54-55
N/A Support letter Nunberg Dep. Ex. 41 (part): C. A. Buser to Jack Kent
Cooke, Oct. 5, 1992
92, pp. 56-57
N/A Support letter Nunberg Dep. Ex. 41 (part): Charles B. Rosenak to
Charles Dayton, Wash. Redskins, Oct. 8, 1992
92, p. 58
N/A Support letter Nunberg Dep. Ex. 41 (part): Dolle Nichols & Jo Walter to
Jack Kent Cooke, Nov. 16, 1992, with Stanley G. Jones
Sr., Chairman, Tulalip Tribes, Aug. 31, 1992, Paul J.
Biscula, Penobscot Indian Nation, Aug. 31, 1992, Coeur
dAlene Tribe of Idaho, July 20, 1992, Catherine Elston,
Hopi Tribe, July 16, 1992, Jonathan L. Taylor, Principal
Chief, Eastern Band of Cherokee Indians, July 16, 1992,
Merna L. Lewis, V.P., Salt River Pima-Maricopa Indian
Community, July 14, 1992, Mike Mayer, July 10, 1992,
attached
92, pp. 56-68
N/A Support letter Nunberg Dep. Ex. 41 (part): Cliff Rodgers to Jack Kent
Cooke, July 30, 1993
92, p. 69
N/A Support letter Nunberg Dep. Ex. 41 (part): Susan Giller to Jack Kent
Cooke, May 10, 1993
92, p. 70

158

NR
Ex.
Ref. No.
N/A Support letter Nunberg Dep. Ex. 41 (part): Robert Camp Littleton, July
11, 1993
92, p. 73
N/A Support letter Nunberg Dep. Ex. 41 (part): J. E. Schumach to Jack Kent
Cooke, July 11, 1993
92, p. 74
N/A Support letter Nunberg Dep. Ex. 41 (part): James Kevin Campbell to
Jack Kent Cooke, Aug. 20, 1993
92, p. 76
N/A Support letter Nunberg Dep. Ex. 41 (part): Jeffrey L. Rosen to Jack
Kent Cooke, July 3, 1995, regarding Red Mesa High
School Redskins
92, pp. 149-50
SUPPORT LETTERS WITH NO SOURCE OR NO DATE
N/A Support letter Nunberg Dep. Ex. 41 (part): Philip A. Severson to Jack
Kent Cooke, undated
88, p. 40
N/A Support letter Nunberg Dep. Ex. 41 (part): Chuck to Jack Kent Cooke,
Mar. 16, 1989
88, p. 72
N/A Support letter Nunberg Dep. Ex. 41 (part): Ted Smyrna to Sir, undated 88, p. 169
N/A Support letter Nunberg Dep. Ex. 41 (part): Ann & Robert Anderson to
Jack Kent Cooke, undated (date stamped illegible)
88, p. 182
N/A Support letter Nunberg Dep. Ex. 41 (part): Ronald M. Eng to Letter to
Editor, Wash. Post, undated (date stamped illegible)
88, pp. 183-84
N/A Support letter Nunberg Dep. Ex. 41 (part): [unknown author] to
Michael Douglass, WTOP-AM, Mar. 23, 1992
92, p. 16
N/A Support letter Nunberg Dep. Ex. 41 (part): Bob Ryan to Sir,, undated
(date stamped JKC Inc. Mar. 26, 1992)
92, p. 17
N/A Support letter Nunberg Dep. Ex. 41 (part): writing of letter illegible,
Mar. 19, 1992
92, p. 21
USPTO APPLICATION SERIAL NO. 74311697
33 USPTO Office
Action
Charles M. Bottorff, Trademark Attorney, USPTO, to
Atlantic Publg Group, Section 2(a) disparagement & false
association, Section 2(d), & Section 2(e)(1) refusals,
including evidence, ownership inquiry and specimen
requirements, issued Jan. 8, 1993
77, pp. 24-61
USPTO REGISTRATIONS AT ISSUE
8 Registration
Certificates
Registrations (with renewals) at issue 68, pp. 6-13
N/A Registration Stevens Dep. Ex. 8: Certified copy of U.S. Reg. No.
986,668, issued June 18, 1974, for a term of 20 years
94, p. 109

159

NR
Ex.
Ref. No.
USPTO REGISTRATIONSNIGGER HEAD & RELATED MARKS
31 Registration
Certificates
Registrations: Reg. No. 54,864, for NIGGER HEAD
BRAND & design, used on fruits and vegetables
hermetically sealed, issued July 31, 1906; Reg. No.
57,575, for NIGGER HEAD & design, used on oysters
and shrimp, issued Nov. 13, 1906; Reg. No. 136,444, for
NIGGER HEAD & design, used on stove polish, issued
on Nov. 2, 1920; Reg. No. 158,452, for NIGGERHED &
design, used on electric lamp sockets, electric lamp cover
sockets, and electric lamp plugs; Reg. No. 160,641, for
NIGGERHEAD COAL in special form, used on coal,
issued on Oct. 24, 1922; Reg. No. 178,611, for NIGGER
BRAND & design, used on dates, issued Jan. 15, 1924;
Reg. No. 186,950, for NIGGER CANE IN DE PATCH in
special form, used on cane syrup for food purposes, issued
July 22, 1924, with first renewal on July 22, 1944; Reg.
No. 217,067, for NIGGER BABY BRAND TURN ON
THE JUICE & design, used on fresh oranges and
grapefruit, issued Aug. 24, 1926, with first renewal on
Aug. 24, 1946; Reg. No. 221,097, for NIGGER HEAD &
design, used on golfing tees, clubs and grips, issued on
Nov. 23, 1926; Reg. No. 301,747, for NIGGER HEAD
PRIZE ICE CREAM & design, used on novelty confection
consisting of chocolate-covered molded ice cream, issued
Mar. 14, 1933; and Reg. No. 623,209, for NEGRO HEAD
in special form, used on canned oysters and shrimps,
issued Mar. 13, 1956
61, pp. 21-44


160

Appendix B Respondents Submissions of its Harjo Notice of Reliance & Supplemental
Notice of Reliance (collectively NR), Deposition Testimony & Deposition Exhibits
NR
Ex.
Ref. No.
BOOKS, ESSAYS, GUIDES, SCHOLARLY PAPERS & JOURNAL ARTICLES
8 Book excerpt James Joyce, Ulysses 324-25 (1946);
[As Barnhart Dep. Ex. 6]
129, pp. 34-36
13 Book excerpt Elizabeth Pickette (Chevalier), Redskin 1-7, 28-29, 34-
35, 46-49, 56-57, 84-85, 90-91, 102-03, 128-29, 134-37,
158-61, 164-67, 190-91, 200-01, 224-25, 246-247, 256,
274-75 (1929);
As Butters Dep. Ex. 7 (part)
175, pp. 13-42;

167, pp. 12-41
14.1 Essay in book Philip Rahv, Paleface & Redskin, Image & Idea: Twenty
Essays on Literary Themes 1-6 (1957);
175, pp. 43-49;

170, pp. 4-10
14.2 Essay in book Philip Rahv, Paleface & Redskin, Essays on Literature &
Politics 1932-1972, at 3-7 (1978);
As Butters Dep. Ex. 9 (part): Essays on Literature &
Politics 1932-1972, at v-xi, 3-7 (1978)
175, pp. 50-59;

170, pp. 11-20
14.3 Book excerpt Philip Rahv, Paleface & Redskin, Image & Idea:
Fourteen Essays on Literary Themes, tbl of contents
(1949);
175, pp. 60-62;

170, pp. 21-23
14.4 Book excerpt Sanford Pinsker, Theoretical Palefaces/Neo-Realistic
Redskins, or Why the Ghost Paleface & Redskin, in
Neo-Realism in Contemporary Am. Fiction 51-64 (1992);
175, pp. 63-73;

170, pp. 24-34
15 Commentary
in journal
Vine Deloria, Jr., Commentary: Research, Redskins, and
Reality, Am. Indian Q. 457-68 (Fall 1991)
175, pp. 74-81
16 Book cover Vine Deloria, Jr., Red Earth White Lies: Native
Americans and the Myth of Scientific Fact (1995)
175, pp. 82-83
59 Book excerpt William G. Zikmund, Exploring Marketing Research
462-68 (4th ed. 1991);
As Jacoby Dep. Ex. 5
153, pp. 34-41;

174, pp. 11-18
60 Guidelines Adver. Res. Found., Guidelines for the Public Use of
Market & Opinion Research (1981);
153, pp. 42-56;

174, pp. 20-34
65 Article in
journal
Ward Churchill, et al., Media Stereotyping & Native
Response, 11 Indian Historian 49, 56 (1978)
151, pp. 64-67

69 Book excerpt Harry V. Sucher, The Iron Redskin (1990) 152, pp. 9-14
70 Book excerpt Jerry Hatfield, Illustrated Indian Motorcycle Buyers
Guide: All the Iron Redskins from 1901, at 145-46
(1989)
152, pp. 16-19
N/A Book excerpt James Joyce, Ulysses 324-25 (1946) 162, pp. 81-83
N/A Book excerpt Butters Dep. Ex. 3: Mary Brave Bird, Ohitika Woman 6-
9, 18-21, 42-43, 58-61, 119, 144-45, 158, 59, 168-69, 180-
81, 192-93 (1993)
164, pp. 23-37

161

NR
Ex.
Ref. No.
N/A Article in
manuscript
form
Butters Dep. Ex. 4: Roy C. ODonnell, Freedom and
Restrictions in Language Use (1992)
164, pp. 38-66
N/A Article in
manuscript
form
Butters Dep. Ex. 5: John McCluskey, Dictionaries and
Labeling of Words Offensive to Groups, with Particular
Attention to the Second Edition of the OED (1990)
164, pp. 67-75
N/A Book excerpt Butters Dep. Ex. 7 (part): E. R. Hagemann, Fighting
Rebels and Redskins: Experiences in Army Life of
Colonel George B. Sanford 1861-1892, title page (1969)
164, pp. 42-45
N/A Book excerpt Butters Dep. Ex. 9 (part): Joan Beam & Barbara
Branstad, Native American in Long Fiction: An
Annotated Bibliography vii-xv, 20-21, 148-149, 186-87
(1996)
170, pp. 35-45
N/A Book excerpt Butters Dep. Ex. 27: Carl Waldman, Word Dance: The
Language of Native American Culture vii-ix, 26-27, 94-
95, 106-07, 166-67, 192-93, 202-04, 222-23 (1994)
165, pp. 47-59
BUSINESS COMMUNICATIONS BETWEEN RESPONDENT & THIRD-PARTIES AND
INTERNAL COMMUNICATIONS (UNLESS UNDER OTHER HEADING)
22 Response to
support letter
John Kent Cooke to Joseph F. K. Mayhew, Mar. 26, 1992 142, p. 12
23 Response to
support letter
John Kent Cooke to Robert Salgado, Soboba Band of
Mission Indians, Mar. 5, 1992
142, p. 13
25 Business
letter
John Kent Cooke, Redskins, to Susan T. Fletcher, Phila.
Eagles, Sept. 22, 1983;
As Cooke Dep. Ex. 2
142, p. 26;

156, p. 6
26 Business
letter
John Kent Cooke, Redskins, to Nate Pope, NPC &
Associates, Aug. 10, 1987;
As Cooke Dep. Ex. 4
142, p. 27;

156, p. 8
29.1 Business
letter
Dale Pullen, U.S. Congress Handbook, to Charlie
Dayton, Wash. Redskins, June 3, 1991
142, p. 43
29.2 Business
letter
Harry J. Gould to Pres., Wash. Redskins, Oct. 28, 1991,
with No Reservations: Arizonas Braves Proud of
Nickname, Ariz. Republic, undated, at C1, C10
142, pp. 44-45
49 Cover memo
on WTOP
survey
John Kent Cooke Sr. to Jack Kent Cooke, Aug. 24, 1993,
regarding WTOP Surveys;
149, p. 43;

156, p. 10
49 Business
memo
Tom McKinley, WTOP, to Charlie Dayton, Wash.
Redskins, Aug. 24, 1993, regarding survey results;
149, pp. 44-45;

156, pp. 12-13
N/A Internal
memo
Cooke Dep. Ex. 3: Paul E. Denfeld, to John Kent Cooke,
Subject: Chief Z, May 19, 1987
156, p. 7
N/A Business
letter
Cooke Dep. Ex. 5: John Kent Cooke, Redskins, to Ercle
F. Herbert Jr., Herbert & Herbert Inc., Dec. 18, 1987
156, p. 9

162

NR
Ex.
Ref. No.
N/A

Business
facsimile
Cooke Dep. Ex. 7: John Kent Cooke Jr., Dir. of
Promotions, to Craig Kapp, McCann-Erickson USA,
Sept. 13, 1993, regarding ad campaign
156, p. 40
N/A Internal
memo
Cooke Dep. Ex. 13: John Kent Cooke to file, Nov. 22,
1991, regarding BIA meeting
156, pp. 85-86
N/A Internal
memo
Cooke Dep. Ex. 14: John Kent Cooke to Charlie Dayton,
July 30, 1993, regarding contacts of supportive Indian
tribal leaders
156, pp. 90-91
N/A Internal
memo
Cooke Dep. Ex. 15: John Kent Cooke to Charlie Dayton,
Sept. 16, 1992, regarding blessing Redskin Park
156, p. 92
N/A Internal
memo
Cooke Dep. Ex. 16: John Kent Cooke to file, Jan. 9,
1992, regarding AIM & options
156, p. 87
N/A Internal
memo
Cooke Dep. Ex. 17: John Kent Cooke to Jack Kent
Cooke, Jan. 16, 1992, regarding AIM & options
156, pp. 88-89
N/A Response to
support letter
Cooke Dep. Ex. 18: John Kent Cooke to Wilcomb E.
Washburn, Jan. 9, 1992
156, p. 93
N/A Cease &
desist letter
Cooke Dep. Ex. 22: Stuart A. Haney, Counsel, Wash.
Redskins, to Benjamin D. Severson, Atl. Publg Grp.,
June 5, 1990
157, pp. 7-8
N/A Response to
support letter
Cooke Dep. Ex. 24: John Kent Cooke to Wilcomb E.
Washburn, Apr. 21, 1992
157, p. 11
N/A Response to
support letter
Cooke Dep. Ex. 25 (part): Jack Kent Cooke to M. Henson,
Aug. 3, 1992
157, p. 12
N/A Response to
support letter
Cooke Dep. Ex. 26: Jack Kent Cooke, Redskins, to
James Kevin Campbell, Sept. 2, 1993, with James Kevin
Campbell to Jack Kent Cooke, Aug. 20, 1993
157, pp. 15-16
CORRESPONDENCE BETWEEN THIRD PARTIES
N/A

Business
letter
Cooke Dep. Ex. 1:
Susan T. Fletcher, Phila. Eagles, to Marilyn Z. Kutler,
Municipal Services Bldg., re: Parking Lot Incident
During Wash. Redskins Game at Veterans Stadium
Sept. 11, 1983, Sept. 16, 1983
156, pp. 4-5
CORRESPONDENCE BY PETITIONERS COUNSEL
67 Business
letter
Michael Drysdale to Teresa D. LaFromboise, May 8,
1996, regarding expert testimony draft
151, pp. 69-77
68 Business
letter
Laurie Scalon to Teresa D. LaFromboise, Dec. 5, 1996,
regarding prepared expert report
151, p. 78
CORRESPONDENCE WITH RESPONDENTS HARJO COUNSEL
N/A Business
letters &
check stub
Barnhart Dep. Ex. 7: David K. Barnhart to Nadine
Flynn, April 16, 1996; John Paul Reiner to David K.
Barnhart, Apr. 22, 1996, with check stub indicating
retainer fee payment
162, pp. 84-86
N/A Business
letter & bill
Barnhart Dep. Ex. 8: David K. Barnhart to John Reiner,
June 22, 1996, with bill for expert witness services
160, pp. 4-5

163

NR
Ex.
Ref. No.
N/A Business
letter (partial
Barnhart Dep. Ex. 9: [senders name not shown], White
& Case, to David K. Barnhart, June 24, 1996
160, p. 6
N/A Business
letters & bills
Butters Dep. Ex. 11: Letters between Ronald R. Butters
and Nadine P. Flynn, and invoices
172, pp. 6-19
CURRICULA VITAE
7 CV David K. Barnhart;
As Barnhart Dep. Ex. 2
129, pp. 31-33;
162, pp. 14-16
10 CV Ronald R. Butters;
As Butters Dep. Ex. 1
129, pp. 53-61;
164, pp. 4-12
62 CV Jacob Jacoby, Jan. 1996;
151, pp. 5-48;
168, pp. 4-47
DEPOSITIONS & SUBPOENAS TO GIVE TESTIMONY/PRODUCE EVIDENCE
N/A Deposition Richard L. Vaughn Dep., Mar. 28, 1996 158, pp. 4-176
N/A Deposition David K. Barnhart Dep., Dec. 19, 1996 159, pp. 4-141
N/A Deposition David K. Barnhart Dep., Apr. 9, 1997 161, pp. 4-50
N/A Subpoena Barnhart Dep. Ex. 1: Subpoena Ad Testificandum &
Duces Tecum on David Barnhart & Lexik House
Publishers, Dec. 13, 1996
162, pp. 4-13
N/A Deposition Ronald R. Butters Dep., Dec. 20, 1996 163, pp. 4-66
N/A Deposition Ronald R. Butters Dep., Apr. 10, 1997 163, pp. 67-106
N/A Subpoena Butters Dep. Ex. 2: Subpoena Ad Testificandum & Duces
Tecum on Ronald Butters, Dec. 13, 1996
164, pp. 13-22
N/A Deposition Jacob Jacoby Dep., Apr. 8, 1997 166, pp. 4-114
DICTIONARIES
5.1 Definition Websters New American Dictionary 823 (1965) 128, pp. 91-92
5.2 Definition World Book Dictionary, Vol. 2, 1633 (1967) 128, pp. 93-94
5.3 Definition Intl Webster New Encyclopedic Dictionary (1975) 128, pp. 95-96
5.4 Definition Am. Heritage Dictionary of the English Language (1976) 128, pp. 97-98
5.5 Definition Websters New Twentieth Century Dictionary of the
English Language Unabridged 1513 (2d ed. 1977)
128, pp. 99-100
5.6 Definition HBJ School Dictionary 612 (1977) 128, pp. 101-02
5.7 Definition Thorndike/Barnhart Doubleday Advanced Dictionary
855 (1979)
128, pp. 103-04
5.8 Definition Websters New Collegiate Dictionary (1980) 128, pp. 105-06
5.9 Definition World Book Dictionary, Vol. 2, 1752 (1979) 128, pp. 107-08
5.10 Definition Am. Heritage Dictionary of the English Language 1082
(1981)
128, pp. 109-10

164

NR
Ex.
Ref. No.
19 Definition Am. Heritage College Dictionary 375, 400, 947 (3d ed.
1993)
142, pp. 5-9
41 Definition Am. Heritage School Dictionary (1977);
143, pp. 22-23;
165, p. 46
N/A Introduction
& definition
Butters Dep. Ex. 6 (part): Explanatory notes, The
English Language in the Dictionary, & redskin
definition, Merriam Webster's Collegiate Dictionary 17a-
19a, 23a-30a, 980 (10th ed. 1993)
164, pp. 76-89
N/A Introduction
& definition
Butters Dep. Ex. 6 (part): Preface to the Second Edition,
Preface to the First Edition, Usage: Change and
Variation, Labels, redskin definition, Random House
Dictionary of the English Language vii-x, xxi-xxiv, 1618
(2d ed. 1987)
164, pp. 90-101
N/A Introduction
& definition
Butters Dep. Ex. 20: Geoffrey Nunberg, Usage in the
American Heritage Dictionary: The Place of Criticism,
definitions of derogatory, disparage, Indian,
Native American, offensive, and redskin, Am.
Heritage College Dictionary xvi-xxi, 375, 400, 691, 908,
947, 1145 (3d ed. 1993)
173, pp. 54-67
FILM FOOTAGE (DVD OF VHS-FORMATTED MATERIAL)
52 Footage
excerpt
Scene from Courage Under Fire (1996) (on file with
TTAB)
149, p. 72
GAME PROGRAM PAGES (PITTSBURGH STEELERS)
N/A
Program front
page
As Cooke Dep. Ex. 12 (part): Sept. 29, 1957 (from
Pittsburgh Steelers Football Club)
156, p. 82
GAME PROGRAMS, PRESS GUIDES & FACT BOOKS, OFFICIAL MAGAZINES,
YEARBOOKS & ANNIVERSARY ISSUES (WASHINGTON REDSKINS)
24.1 Magazine
cover
Redskins vs. Cleveland Browns, Oct. 21, 1956 front cover 142, p. 14
24.2 Magazine
cover
Redskins vs. N.Y. Giants, Nov. 18, 1956 front cover 142, p. 15
24.3 Magazine
cover
Redskins vs. Cleveland Browns, Nov. 17, 1957 front
cover
142, p. 16
24.4 Magazine
cover
Redskins vs. Pittsburgh Steelers, Dec. 7, 1958 front
cover
142, p. 17
24.5 Magazine
cover
Redskins vs. Pittsburgh Steelers, Oct. 18, 1959 front
cover
142, p. 18
24.6 Magazine
cover
Redskins vs. Balt. Colts, Nov. 8, 1959 front cover 142, p. 19
24.7 Magazine
cover
Redskins vs. Phila. Eagles, Dec. 7, 1958 front cover 142, p. 20
24.8 Magazine
cover
Redskins vs. Dall. Cowboys, Oct. 9, 1958 front cover 142, p. 21

165

NR
Ex.
Ref. No.
24.9 Magazine
cover
Redskins vs. Pittsburgh Steelers, Oct. 23, 1960 front
cover
142, p. 22
24.10 Magazine
cover
Redskins vs. Cleveland Browns, Oct. 30, 1960 front cover 142, p. 23
24.11 Magazine
cover
Redskins vs. St. Louis Cardinals, Nov. 20, 1960 front
cover
142, p. 24
24.12 Magazine
cover
Redskins vs. N.Y. Giants, Dec. 11, 1960 front cover 142, p. 25
N/A

Yearbooks
(partial)
Cooke Dep. Ex. 9: Washington Redskins, Official 1987
Team Yearbook, Limited Edition, front cover, & &
photos of players in uniform, marching band,
Redskinettes & pageantry, & 1937-1986 Washington
Redskins, Official 50th [1987] Anniversary Team
Yearbook, images of 6 helmets bearing various logos,
reproduction of historic cartoon, articles, 1947 game
advertisement for Redskins vs. Giants at the Polo
Grounds, fight song lyrics, & photos of players in
uniform, marching band, Redskinettes & pageantry
156, pp. 43-55

N/A Program front
covers
Cooke Dep. Ex. 12 (part): Undated 156, pp. 65-81
N/A Fact book
(partial)
Cooke Dep. Ex. 12 (part): Do You Remember? 1937 ,
undated
156, p. 83
N/A

Program front
cover
Cooke Dep. Ex. 12 (part): Sept. 21, 1958 (shows cartoon
reprinted from Evening Star (Wash.), Dec. 17, 1936)
156, p. 84
LEGISLATIVE MATERIALS
64 Fed. Reg.
Notice
Indian Entities Recognized & Eligible to Receive
Services from the U.S. BIA, 60 Fed. Reg. 9250 (Feb. 16,
1995);
151, pp. 57-63;

174, pp. 4-10
MARKETING MATERIALS
N/A Catalog Cooke Dep. Ex. 20: 1985 NFL Merchandise Catalog,
including Redskins merchandise
157, pp. 4-5
MISCELLANEOUS
2 Logo Depiction of Washington Redskins logo, showing the
head of an Indian in profile, wearing feathers, within a
circle, which has two feathers attached
128, p. 84
3 Logo Depiction of football helmet bearing Washington
Redskins logo, described above
128, p. 85
4 Court
document
Petition for Cancellation in the Harjo proceeding, with
cover letter from the TTAB, mailed Oct. 5, 1992
128, pp. 86-90
39 Logo Depiction indicated as a Native American wearing
feathers, developed by Onekema schools in conjunction
with an American Indian group
143, p. 19

166

NR
Ex.
Ref. No.
40 Brochure Bureau of Indian Affairs, U.S. Dept of the Interior, You
Asked About . . . Indian Ancestry, with BIA Area Office
Listing
143, pp. 20-21
53 Coin Indian head nickel (1937)

149, p. 73
54 Packaging Image of Land OLakes-brand butter carton 153, p. 4
55 Packaging Image of Indian Head-brand yellow corn meal bag 153, pp. 5-9
57 Packaging Image of Argo-brand corn starch box 153, p. 13
66 Drawing Drawing of profile of Native American wearing
headband and feathers
151, p. 68
N/A Draft Vaughn Dep. Ex. 27: Draft with handwritten notes, with
fax cover sheet from Charlie Dayton to Jack Kent Cooke
158, pp. 177-78
PERIODICAL MATERIALSADVERTISING/MARKETING BY THIRD PARTIES,
INCLUDING ITEMS IN THIRD-PARTY PUBLICATIONS
43.18 Newspaper
advertisement
Safeway advertisement, Meet a Redskin Football Star,
Wash. Post & Times Herald, Oct. 10, 1958, at A18
148, p. 27
43.26 Newspaper
advertisements
Janitor Supply Co., Good Luck Redskins for a Clean
Sweep, & Maggies Restaurant, Good Luck for the
Season! Welcome Redskins, WASH. DAILY NEWS, Sept.
19, 1958, at 37
148, p. 36
PERIODICAL MATERIALSCARTOONS
N/A Cartoon Cooke Dep. Ex. 12 (part): Jim Berryman, No Time For
Shadow Boxing, EVENING STAR (Wash.), Nov. 14, 1943
(handwritten) (Redskins v. Lions)
156, p. 58

N/A Cartoon Cooke Dep. Ex. 12 (part): Jim Berryman (caption cut-
off), EVENING STAR (Wash.), Oct. 19, 1943 (handwritten)
(point of cartoon is unknown)
156, p. 59
N/A Cartoon Cooke Dep. Ex. 12 (part): Redskins 1960, undated and
unidentified publication (team wins)
156, p. 60
N/A Cartoon Cooke Dep. Ex. 12 (part): Viewpoints, FORT WORTH STAR
TELEGRAM (Tex.), Nov. 21, 1979, at 14A (Indian runs
away with the turkey as prize)
156, p. 61
N/A Cartoon Cooke Dep. Ex. 12 (part): Jim Berryman, Still Sitting
But Not Pretty!, EVENING STAR (Wash.), Nov. 17, 1941
(handwritten) (Bears challenging Redskins)
156, p. 62
N/A Cartoon Cooke Dep. Ex. 12 (part): Jim Berryman, Hang On Boy,
He Might Stumble, WASH. POST, Nov. 17, 1941
(handwritten) (Redskins unafraid of Giants)
156, p. 63
N/A Cartoon Cooke Dep. Ex. 12 (part): Jim Berryman, Full of Food
And Fight!, unidentified publication, Nov. 24, 1950
(handwritten) (Bears winning history)
156, p. 64

167

NR
Ex.
Ref. No.
N/A Cartoon Cooke Dep. Ex. 12 (part): Jim Berryman, Wonder How
Well Get Along, reprinted from Wash. Star, 1937,
undated and unidentified source (on Redskins move to
DC from Boston)
156, p. 59
PERIODICAL MATERIALS SOURCED & DATED
12 Book review
in magazine
Joseph Leo Koerner, Paleface and Redskin, New
Republic, Mar. 24, 1997, at 30-32, 34-38 (reviewing Aby
M. Warburg, Images from the Region of the Pueblo
Indians of N. Am.);
175, pp. 4-12;

165, pp. 37-45
17 Newspaper
article
Cowed by the Soldiers, N.Y. TIMES (handwritten), Nov.
175, pp. 84-86
18 Newspaper
article
Abandoning the Craze, ROCKY MTN. NEWS
142, p. 4
31.1 Newspaper
article
Redskins Sign Indian, WASH. DAILY NEWS, Mar. 10, 1959,
at 37
143, p. 4
31.2 Newspaper
article
An Indian Joins the Redskins, WASH. DAILY NEWS, July
27, 1959
143, p. 5
43.7 Newspaper
photo/caption
Little Mo and Bride, EVENING STAR (Wash.), Jan. 25,
1954
148, p. 11
43.10 Newspaper
article
Lewis F. Atchison, Biggest Crowd in 10 Years May See
Redskins-Colts, EVENING STAR (Wash.), Nov. 5, 1957, at
C-1
148, pp. 14-15

43.16 Newspaper
letter to the
editor
Dave Slattery, Heres Whats Wrong With the Redskins,
WASH. DAILY NEWS, Nov. 7, 1958, at 52
148, pp. 22-23
43.30 Newspaper
article
Lewis F. Atchison, Redskins Plan to Start Olszewski in
Opener, EVENING STAR (Wash.), Sept. 27, 1958, at A-13
148, p. 40
43.35 Newspaper
article
Lewis F. Atchison, Redskins Crippled But Up for Rams
Battle Tonight, EVENING STAR (Wash.), Aug. 21, 1959;
Lewis F. Atchison, Redskins Hopes Dim for Game with
Rams, EVENING STAR (Wash.), Aug. 30, 1959
148, pp. 46-47
43.36 Newspaper
article
Jack Walsh, Bears Favored by 4 Points Over Redskins,
WASH. POST, Sept. 5 1959 (handwritten), at A11, A15;
Lewis F. Atchison, Day Will Start for Redskins Against
Bears, EVENING STAR (Wash.), Sept. 5, 1959
148, pp. 48-49
44.5 Newspaper
article
Lewis F. Atchison, Redskins Cheered by News on
Stadium, EVENING STAR (Wash.), Mar. 6, 1961
150, p. 8
44.6 Newspaper
article
Tom Yorke, Redskin Coaches Kick HBs Around, WASH.
DAILY NEWS, Oct. 26, 1961, at S7
150, p. 9
44.7 Newspaper
articles
Lewis F. Atchison, Davis Drafted by Redskins; & [no
author shown], Collins Claimed by Browns, & Chance for
Promised Land Blown by Jittery Redskins, EVENING
STAR (Wash.), Dec. 4, 1961 (handwritten)
150, pp. 10-11

168

NR
Ex.
Ref. No.
44.9 Newspaper
article &
commentary
Dave Brady, Redskins Receive $250,000 for Radio-TV; &
Bob Addies Column . . ., WASH. POST (handwritten),
150, pp. 13-16
44.11 Newspaper
article
Tom Yorke, Redskins & 18 Face the Eagles, WASH. DAILY
NEWS, Sept. 23, 1961
150, pp. 18-19
44.12 Newspaper
commentary
& article
Morris Siegel, Siegel at Large, Redskins Luncheon: Who
Said What, WASH. STAR,, May 1, 1963 (handwritten) &
Lewis F. Atchison, Redskin Board Set to Change Club
Control, WASH. STAR,, May 2, 1963 (handwritten)
150, pp. 20-21
44.14 Newspaper
article
Five Redskins to Serve in Guard During March,
EVENING STAR (Wash.), Aug. 27, 1963 (handwritten)
150, p. 23
44.18 Newspaper
article
Tom Yorke, Jayne Scores for Redskins and Bears, WASH.
DAILY NEWS, June 25, 1963
150, p. 29
44.20 Newspaper
article
Dave Brady, Redskins Landed Tom Urbanik with
$120,000 Contract, Benefits, WASH. POST, Feb. 25, 1965,
at F1
150, pp. 31-32
44.21 Newspaper
article
Redskins Add Exhibition with Eagles, WASH. POST
(handwritten), Apr. 16, 1965 (handwritten)
150, p. 33
44.22 Newspaper
article
Dave Brady, Huff Can Hardly Hold Delight with
Redskins, WASH. POST, July 29, 1965
150, pp. 34-35
44.25 Newspaper
article
Lewis F. Atchison, Redskins Give Graham Complete
Authority, EVENING STAR (Wash.), Jan. 25, 1966, at A19
145, p. 9
44.26 Newspaper
articles
Lewis F. Atchison, Redskins Take On Ex-Howard Coach,
EVENING STAR (Wash.) (handwritten), Feb. 27, 1966;
Dave Brady, White Named to Full-Time Redskin Job,
Wash. Post, Feb. 27, 1966
145, p. 10
44.27 Newspaper
article
Dave Brady, Graham Wont Tolerate Any Loafing,
Promises Some Changes for, WASH. POST , Mar. 23,
1966 (handwritten)
145, pp. 11-12
44.28 Newspaper
articles
Lewis F. Atchison, Franchise Bids Bring Out Pros,
EVENING STAR (Wash.), Mar. 19, 1966, at S8, & Dave
Brady, Marshalls Children Fail in Attempt to Remove
Redskins Conservators, WASH. POST (handwritten), May
145, p. 13
44.29 Newspaper
articles
Lewis F. Atchison, Graham Plans Snowden Test as Tight
End, EVENING STAR (Wash.), May 24, 1966
(handwritten), Tom Yorke, Redskins Set Training Date,
WASH. DAILY NEWS, May 24, 1966
145, p. 14
44.30 Newspaper
articles
Bob Addle, 5 Redskin Join Fellow of Christian Athletes,
WASH. POST, Oct 22, 1966, at E5
145, p. 15
44.31 Newspaper
article
Tom Yorke, Williams is Conspiring, Says Jailed GPM
Jr., WASH. DAILY NEWS, Jan. 13, 1967
145, p. 16
44.32 Newspaper
article
Sailors Sign Deal With Redskins, Wash. Post, Feb. 3,
1967
145, p. 17

169

NR
Ex.
Ref. No.
44.33 Newspaper
article
Dave Brady, Kurharich Sees Redskins up to 40%
Impoved, WASH. POST, May 18, 1967 (handwritten)
145, p. 18
44.34 Newspaper
article
Redskins Play Basketball Game on Friday Night, WASH.
POST (handwritten), Feb. 26, 1967 (handwritten)
145, p. 19
44.35 Newspaper
article
Dick OBrien, Ex-Redskin Pounding Pins, EVENING STAR
(Wash.), Feb. 24, 1967
145, p. 20
44.37 Newspaper
article
Dave Brady, Ad Fails Fan in Redskins Ticket Quest,
WASH. POST (handwritten), Mar. 29, 1967 (handwritten)
145, p. 22
44.38 Newspaper
photo
Early Birds in Redskin Ticket Line, EVENING STAR
(Wash.), Apr. 29, 1967, at A-14
145, p. 23
44.39 Newspaper
article
45 Redskin Rookies to Open Drills at Dickinson Tuesday,
Evening Sentinel (Carlisle, Pa.) (handwritten), July 15,
1967 (handwritten)
145, p. 24
44.40 Newspaper
article
Dave Brady, Jerry Allen Finds Identity, Running Room
as Redskin, WASH. POST, Aug. 24, 1967
145, p. 25
44.41 Newspaper
article
Redskin Sold Out for Seven Home Football Games in
1967, Evening Sentinel (Carlisle, Pa.) (handwritten),
145, p. 26
44.42 Newspaper
commentary
Tom Yorke, Redskin Sellouts Arent Limited to Sundays,
WASH. DAILY NEWS, Sept. 20, 1967
145, p. 27
44.44 Newspaper
article
Claudia Baskin, Redskins Wives Winning Team,
EVENING STAR (Wash.) (handwritten), Oct. 31, 1967
(handwritten)
145, p. 29
44.45 Newspaper
article
Tom Yorke, GPM ChangedDitto His Team, WASH.
DAILY NEWS, Nov. 3, 1967
145, pp. 30-31
44.46 Newspaper
article
Tom Yorke, For Otto . . . Its Still Diet Soda, WASH.
DAILY NEWS, Nov. 7, 1967
145, p. 32
44.47 Newspaper
article
Dave Brady, Redskins Game Now Off Board, WASH.
POST, Nov. 18, 1967 (handwritten)
145, pp. 33-34
44.48 Newspaper
article
Dave Brady, Redskins Land McDonald, WASH. POST,
Mar. 30, 1967, at C-1
145, p. 35,
146, pp. 4-5
44.49 Newspaper
article
Dave Brady, Redskins Expect Effortless 68 Sellout,
WASH. POST, Feb. 27, 1968
146, pp. 6-7
44.50 Newspaper
article
Tom Yorke, Another Mr. Smith in Washington, WASH.
DAILY NEWS, May 13, 1968
146, p. 8
44.52 Newspaper
article
William Gildea, Kammerer Claims 90% of Redskins
Support Walkout by Players in NFL, WASH. POST, July
146, pp. 10-11
44.53 Newspaper
article
William Gildea, Harbingers of Peace in NFL Precede
Todays Key Meeting, WASH. POST, July 14, 1968
(handwritten)
146, p. 12
44.54 Newspaper
article
Redskins Notes, EVENING STAR (Wash.) (handwritten),
July 28, 1968 (handwritten)
146, p. 13

170

NR
Ex.
Ref. No.
44.55 Newspaper
article
Tom Yorke, The Menu: Redskins Under Glass, WASH.
DAILY NEWS, Aug. 1, 1968 (handwritten)
146, p. 14
44.57 Newspaper
article
Dave Brady, Rock Wants to be a Redskin but 49ers
Remain Adamant, WASH. POST, Sept. 7, 1968
146, pp. 16-17
44.59 Newspaper
article
Tom Yorke, Wooten Joins Redskins Amid Hairy
Controversy, WASH. DAILY NEWS, Aug. 14, 1968
146, pp. 19-20
44.60 Newspaper
article
Dave Brady, Graham Names Theofiledes Quarterback
Starter Friday, WASH. POST , Aug. 15, 1968
(handwritten)
146, pp. 21-22
44.62 Newspaper
article
Dave Brady, Redskins Upend Bears, 38-28, WASH. POST,
Sept. 16, 1968
146, pp. 24-25
44.63 Newspaper
article
Lewis F. Atchison, Redskin Personality, EVENING STAR
(Wash.), Sept. 29, 1968 (handwritten)
146, p. 26
44.70 Newspaper
article
AP, All-1930s Team Lists Leemans and 3 Redskins,
EVENING STAR (Wash.), Aug. 26, 1969
146, p. 35
44.2
44.3
Newspaper
article
Leonard Shapiro, Redskins Hit Bill to Bail Out Short,
Wash. Post, Mar. 30, 1971, at D1, D3
149, pp. 5-6
45.9 Newspaper
article
Steve Guback, Allen Signing Means Little to Redskins,
EVENING STAR (Wash.), July 15, 1977
149, p. 13
46.1 Newspaper
article
Joann Stevens, Flick Signs for Redskins, Charity, Wash.
Post, June 18, 1981, at D4
149, p. 15
46.2 Newspaper
article
Paul Attner, Redskins 81: Revamped, But Still a
Mystery, Wash. Post, July 12, 1981
149, p. 16
46.4 Newspaper
article
Redskins Vets Unfazed by Draft, Wash. Times, May 2,
1984, at 9B
149, pp. 18-19
46.6 Newspaper
article
Bob ODonnell, Defense a Maneater, According to Jaws,
Wash. Times, Sept. 8, 1986, at 7C
149, p. 21
46.8 Newspaper
article
Christine Brennan, Redskins Never Look Back, 41-14,
Wash. Post, Nov. 24, 1986 (handwritten), at D1, D7
149, p. 23
47.2 Newspaper
article
(partial)
Redskins Owner, District Near Deal on New Stadium
(continued from previous [not include] page), Wash.
Post, June 11, 1991, at E4
149, p. 27
47.3 Newspaper
article
Matt Neufeld, Questions About New Redskins Stadium
Unsolved, Wash. Times, May 11, 1993 (handwritten), at
A1, A8
149, pp. 28-29
47.5 Newspaper
article
A Tossup: Area Football Fans Cheerand Boo
Proposed Move, SUN (Balt.), Dec. 8, 1993
149, p. 31
47.6 Newspaper
article
Matt Neufeld, Redskin Opens Learning Center, Wash.
Times, Dec. 15, 1993 (handwritten)
149, p. 32
47.7 Newspaper
article
David Aldridge, Veteran Friesz Likely to Join Redskins,
Wash. Post, Apr. 16, 1994, at G1, G7
149, pp. 33-34
47.8 Newspaper
article
David Elfin, No. 2 Johnson Must Wait Until Redskins
Sign Shuler, Wash. Times, June 7, 1994 (handwritten)
149, p. 35

171

NR
Ex.
Ref. No.
47.10 Newspaper
article
AP, Redskins Stadium Plan on Fast Track, N. Va. Daily
(typed), June 29, 1995 (typed)
149, p. 38
N/A Newspaper
article
Cooke Dep. Ex. 11:
Leonard Shapiro, Indian Group to Stage Protest Sunday
at RFK, Wash. Post, Oct. 31, 1991, at B3
156, p. 57
PERIODICAL MATERIALSUNDATED AND/OR UNIDENTIFIED PUBLICATION
20 Publication
article
Title not shown, undated and unidentified publication 142, p. 10
30 Newspaper
photo, ledger
Redskins Charley Malone Becomes Chief Flying
Thunder, undated and unidentified publication
142, p. 60
42 Newspaper
clippings
Numerous clippings of articles, photos and cartoons,
undated and from unidentified publications, some
illegible, identified by Respondent as dated from 1940 to
1949, and identified as using the Redskins in the
context of professional football
144, pp. 4-43
43.1
43.6,
43.8
43.9,
43.10
43.16,
43.17
Newspaper
clippings
Numerous clippings of articles and photos, undated,
illegible and/or from unidentified publications, identified
by Respondent as dated from 1950 to 1959, and
identified as using the Redskins in the context of
professional football
148, pp. 4-10,
12-13, 16-21,
24-26
43.19
43.25,
43.27
43.29,
43.31
43.34,
43.37
43.39
Newspaper
clippings
Numerous clippings of articles, photos and
advertisements, undated, illegible and/or from
unidentified publications, identified by Respondent as
dated from 1950 to 1959, and identified as using the
Redskins in the context of professional football
148, pp. 28-35,
37-39, 41-45,
50-52
44.1 Newspaper
article
Stereo Disc Made of Redskins March, undated and
150, p. 4
44.2 Newspaper
photo
Vast New D.C. Stadium Begins to Take Shape, Wash.
Post, undated
150, p. 5
44.3 Newspaper
article
Jack Walsh, Marshall Asking that Dallas Play in
Division with Redskins, undated and unidentified
publication
150, p. 6
44.4 Newspaper
article
Tom Yorke, Stadium to be Ready Oct. 1, unknown
publication, Mar. 6, 1961
150, p. 7
44.8 Newspaper
clipping
Rookie Redskin Tackle Temporarily Paralyzed, EVENING
STAR (Wash.), undated
150, p. 12
44.10 Newspaper
photo
Theyll See Redskins Opener, undated and unidentified
publication
150, p. 17

172

NR
Ex.
Ref. No.
44.13 Newspaper
article
Dave Brady, Kennedy Observance Set by Redskins
Sunday, undated and unidentified publication
150, p. 22
44.15 Newspaper
article
Lewis F. Atchison, Redskins, Eagles Denied Bid to
Postpone Game, EVENING STAR (Wash.), undated
150, p. 24
44.16 Newspaper
article
Jack Walsh, Redskins Humiliated by New York: Giants
Steal 7 Passes, Win, 44-14, undated and unidentified
publication, at C1
150, pp. 25-27
44.17 Newspaper
article
Tom Yorke, 3 Bears Escaped the Redskins, unidentified
publication, Dec. 30, 1963
150, p. 28
44.19 Newspaper
article
Dave Brady, Redskins Are Up 650% in New Customer
Sales, unidentified publication, Jan. 16, 1965
(handwritten)
150, p. 30
44.23 Newspaper
article
Bus Ham, Redskins Star Out 2 to 4 Weeks, Wash. Post,
undated, at C1-C2
145, p. 4
44.24 Newspaper
clippings
Various clippings, undated and unidentified publications 145, pp. 5-8
44.36 Newspaper
article
Dave Brady, Redskins Play for CYO, Childrens Hospital,
Wash. Post, undated
145, p. 21
44.43 Newspaper
photos &
article
Elizabeth Shelton, Redskins Wives Wouldnt Suit Up,
WASH. POST, undated
145, p. 28
44.51 Newspaper
article
Lewis F. Atchison, Redskins Trade for Beban, Sign
Fischer, EVENING STAR (Wash.), June 14, 1968, copy
illegible
146, p. 9
44.56 Newspaper
article
Dave Brady, Redskins Count Cash, Not Blessings, Wash.
Post, undated
146, p. 15
44.58 Newspaper
article
Dave Brady, Redskins May Sign Wooten Today; Center of
Browns Racial Dispute, WASH. POST, undated
146, p. 18
44.60 Newspaper
commentary
Morris Siegel, Redskins Fine With Fellowship, undated
146, p. 23
44.66
44.69
Newspaper
articles and
clippings
Numerous clippings from articles, undated and/or from
unidentified publications, identified by Respondent as
dated from 1960 to 1969, and identified as using the
Redskins in the context of professional football
146, pp. 27-34
45.1 Newspaper
articles
Two articles, Wash. Post, undated 149, p. 4
45.4
45.8,
45.10
Newspaper
articles
Various articles, undated and/or from unidentified
publications, identified by Respondent as dated from
1970 to 1979, and identified as using the Redskins in
the context of professional football
149, pp. 7-12,
14
46.3 Newspaper
article
Paul Attner, Miller Gives Redskins Glimpse of Long-
Range Goals, Wash. Post, undated
149, p. 17
46.5 Publication
clipping
State Police, Redskins Team Up to Fight Crime, undated
149, p. 20

173

NR
Ex.
Ref. No.
46.7 Publication
article
Redskins Scouting Report, unidentified publication, July
149, p. 22
46.9 Publication
article
Terrey Quindlen, Redskins Tell Pupils to Say No to
Drugs, undated and unidentified publication
149, p. 24
46.10 Newspaper
article
Redskin Tickets Among Auction Prizes, Wash. Times,
undated
149, p. 25
47.1 Newspaper
article
Dave Bay, Redskins Fade at the Finish, Wash. Times,
undated, at C1
149, p. 26
47.4 Newspaper
article
Richard Tapscott & Dan Beyers, Schaefer to Fight
Redskins Stadium, Wash. Post, undated
149, p. 30
47.9 Newspaper
article
Dan Beyers, Redskins Play Stadium Game for Keeps,
Wash. Post, undated, at B1, B5
149, pp. 36-37
48.1 Newspaper
photo
The President [Truman] Gets Annual Pass from Pro
Footballers, undated and unidentified publication
149, p. 39
48.2 Newspaper
article/photo
Sports by Ralph Cannon [including photo of Pres.
Truman and George Marshall], undated and
149, p. 40
48.3 Newspaper
article
Vice President [Nixon] Lauds LeBarons Fine Play,
149, p. 41
48.4 Newspaper
article
Redskins Added to Nixons List, undated and
149, p. 42
N/A Publication
article
Cooke Dep. Ex. 8: Morris Siegel, Washingtons Unifying
Force, undated and unidentified publication
156, pp. 41-42

PHOTOS (INDEPENDENTLY SUBMITTED)
32 Photos Photos of school entrance and welcome signs displaying
Home of the Redskins, identified as located on a
Navaho reservation in northern Ariz.
143, pp. 6-7
34 Photo Photo of crossing of Navajo Trail and Redskin Blvd.
Statement that roads are on Navajo Indian Reservation
in northeast Ariz., taken June 10, 1994
143, pp. 9-10
37 Photo Photo of roadside billboard displaying Round Rock
Public School Fighting Braves and back of photo
describing location as Round Rock on Navajo Indian
Reservation in northeast Ariz, taken June 10, 1994
143, pp. 15-16

38 Photo Photo of sigh for Tuba City High Warriors with design
of profile of mans head with feathers, with back
description indicating taken on June 10, 1994, on Navajo
Indian Reservation in northeast Ariz.
143, pp. 17-18

PRESS RELEASES & POSITION STATEMENTS
N/A Press release Wash. Redskins undated statement that its name was
never intended to offend anyone and that the name has
reflected positive attributes of the American Indian;
As Cooke Dep. Ex. 10
142, p. 11;

156, p. 56

174

NR
Ex.
Ref. No.
N/A Press release Vaughn Dep. Ex. 28: NFL Properties, Inc. press release
regarding Morning Star Institute, Mar. 15, 1994
158, p. 179
REPORTS, INCL. EXPERT PREPARATION MATERIALS
6 Unpublished
expert report
Expert Disclosure of David K. Barnhart, with cover
letter, June 8, 1996;
As Barnhart Dep. Ex. 3
129, pp. 4-30;

162, pp. 17-43
9 Unpublished
expert report
Expert Disclosure of Ronald R. Butters, June 7, 1996;
As Barnhart Dep. Ex. 5;
As Butters Dep. Ex. 21, with CV & handwritten notes;
As Butters Dep. Ex. 23, with CV & handwritten notes
129, pp. 37-52;
162, pp. 65-80;
173, pp. 68-92;
165, pp. 4-28
11 Notes Notes of Ronald R. Butters: Redskin data;
129, pp. 62-66;
167, pp. 4-11
49 Survey
questionnaire
Veritas Research, WTOP Washington Redskins Name
Survey form for metro area;
149, pp. 46-47;

156, pp. 14-15
49 Table results Table showing completed calls to tribal leaders;
149, p. 48;
156, p. 16
49 Survey
questionnaire
Veritas Research, WTOP tribal leader questionnaire
script;
149, p. 49;

156, p. 17
49 Survey results WTOP Redskins Name Survey results;
149, pp. 50-68;
156, pp. 18-38
50 Survey results Richard Morin, Americas Team Has New Home:
Washington, Wash. Post, Jan. 17, 1992, featuring Wash.
Post Super Bowl Poll;
As Cooke Dep. Ex. 23
149, pp. 69-70;

157, pp. 9-10
58 Unpublished
expert report
Jacob Jacoby, rebuttal report: Evaluating the June 10,
1996 Expert Disclosure of Ivan Ross, Mar. 7, 1997;
As Jacoby Dep. Ex. 3, with CV
153, pp. 14-33;

169, pp. 4-67
61 Notes Notes of Jacob Jacoby regarding phone conversation
with Richard Maisel on Apr. 1, 1997;
151, p. 4;

174, p. 19
63 Notes Ronald Butters, rebuttal commentary: Some Comments
on Nunbergs Testimony
151, pp. 49-56
N/A Unpublished
expert report
Barnhart Dep. Ex. 4: Expert Disclosure of Geoffrey
Nunberg, June 10, 1996, & CV, Apr. 1996
162, pp. 44-64
N/A Unpublished
expert report
Barnhart Dep. Ex. 10: Expert Disclosure of Geoffrey
Nunberg, June 10, 1996, CV, Apr. 1996, & fax
transmittal, showing handwritten comments
162, pp. 7-28
N/A Cover memo
& summary of
findings
Barnhart Dep. Ex. 11: Geoffrey Nunberg, Quantitative
data results of database search of terms, June 15, 1996
160, pp. 29-34
N/A Search result
printouts
Barnhart Dep. Ex. 12: Lexis/Nexis printout of database
search results (various of 143,920 results)
160, pp. 35-239

175

NR
Ex.
Ref. No.
N/A Cover letters
& search
result
printouts
Barnhart Dep. Ex. 13: Brian Ellner to David K.
Barnhart, May 13, 1996, & Brian L. Berlandi, Legal
Asst., White & Case, May 23, 1996, both letters with
Lexis/Nexis printout of database search results (various
of 4,999 results from search as conducted on May
23,1996)
160, pp. 240-
451
N/A Unpublished
expert report
Barnhart Dep. Ex. 14: Expert Disclosure of Ivan Ross,
June 10, 1996;
160, pp. 452-
61;
168, pp. 48-57
N/A Online
printouts
Butters Dep. Ex. 8: Online filesRedskin(s), with
handwritten notes
167, pp. 46-98
N/A Reference
materials
Butters Dep. Ex. 10: Deposition Discovered Materials
folder, with handwritten notes
171, pp. 4-130
N/A Handwritten
notes
Butters Dep. Ex. 12 172, pp. 19-22
N/A Draft Butters Dep. Ex. 13: Draft No. 1 of Expert Disclosure of
Ronald R. Butters, June 3, 1996
172, pp. 22-33
N/A Draft Butters Dep. Ex. 14: Draft No. 2 of Expert Disclosure of
Ronald R. Butters, June 3, 1996
172, pp. 34-42
N/A Notes Butters Dep. Ex. 15 172, pp. 43-66
N/A Draft Butters Dep. Ex. 16: Preliminary Draft of Expert
Disclosure of Ronald R. Butters, June 6, 1996
172, pp. 67-96
N/A Draft Butters Dep. Ex. 17: Preliminary Draft of Expert
Disclosure of Ronald R. Butters, June 7, 1996
172, pp. 97-128
N/A Database
results
Butters Dep. Ex. 18: Search results of books and articles
found on Duke U. library Internet access
173, pp. 4-47
N/A Listing Butters Dep. Ex. 19: Listing of books in the Duke U.
from experts computer file
173, pp. 48-53
N/A Unpublished
expert report
Butters Dep. Ex. 22: Expert Disclosure of Geoffrey
Nunberg, June 10, 1996
173, pp. 93-107
N/A Comments Butters Dep. Ex. 24: Some Comments on Nunbergs
Testimony
165, pp. 29-36
RESOLUTIONS (THIRD-PARTY) SUPPORTING USE OF REDSKINS
27 Resolution Inter-Tribal Council, Inc. Resolution (1992), with cover
letter from Modoc Tribe of Okla., Jan. 16, 1992;
As NR 28.2
142, pp. 28-29;
(dup)
142, pp. 32-33
SUPPORT LETTERS INDICATING INDIVIDUAL AUTHORS ARE NATIVE AMERICANS
29.11 Support letter George B. Tsoodle (Kiowa Indian) to Washington
Redskins, undated
142, p. 59
N/A Support letter Cooke Dep. Ex. 25 (part): M. Henson (Blackfoot Indian)
to Sen. Ben Nighthorse Campbell, July 22, 1993
157, p. 13

176

NR
Ex.
Ref. No.
SUPPORT CORRESPONDENCE INDICATING NATIVE AMERICAN TRIBAL SUPPORT
28.1 Support letter Stan Jones Sr., Chairman, Tulalip Tribes (Wash.), to
Sen. John McCain, Oct. 30, 1991
142, pp. 30-31
28.3

Support letter Robert J. Salgado, Chairman, Soboba Band of Mission
Indians, to Jack Kent Cooke, Wash. Redskins, Jan. 17,
1992
142, p. 34
28.4

Support letter Hollis E. Roberts, Chief, Choctaw Nation of Okla., to
Charlie Dayton, V.P., Wash. Redskins Communications
Dept, Jan. 23, 1992
142, pp. 35-36
28.5

Support letter Jerry G. Haney, Principal Chief, Seminole Nation of
Okla., to Jack Kent Cooke, Wash. Redskins, Jan. 23,
1992
142, p. 37
28.6

Support letter Stanley G. Jones Sr., Chairman, Tulalip Tribes (Wash.),
to Redskin Support Comm., Aug. 31, 1992
142, p. 38
28.7

Support letter Floyd E. Leonard, Chief of the Miami Tribe of
Oklahoma, to C. A. Buser, June 21, 1991
142, pp. 39-40
28.8

Support letter Merna L. Lewis, V.P., Pima-Maricopa Indian
Community (Ariz.), to Jo Walter, July 14, 1992
142, p. 41
28.9

Support letter Jonathan L. Taylor, Principal Chief, Eastern Band of
Cherokee Indians, to Jo Walter, July 16, 1992
142, p. 42
29.3 Support letter Ronald R. Julian, Council Member, Jicarilla Apache
Tribe (Dulce, N.M.) to Rick Vaughn, Wash. Redskins,
Sept. 8, 1994
142, p. 46
29.10 Support fax J. Lisanby, Sioux Indians of Fort Totten, N.D. to Charlie
Drayton, Redskins Park, Jan. 17, 1992
142, p. 58
SUPPORT LETTERS NOT INDICATING AUTHORS ARE NATIVE AMERICANS
29.4 Support letter Philip A. May to Wash. Redskins Dir. Pub. Relations,
Jan. 27, 1992
142, p. 47
29.5 Support letter
with article
Robert N. Huey to Jack Kent Cooke, Mar. 29, 1989, with
AP, Indian Band Dislikes Nickname Campaign, Sioux
Falls Argus Leader (S.D.), Mar. 23, 1989, attached
142, pp. 48-49
29.6 Support letter
with article
Billie J. Hipsley to Wash. Redskins, Jan. 13, 1992, with
Mark Holmberg, Whats All the Fuss About Skins,
Richmond Times-Dispatch, [no shown date], at C5,
attached
142, pp. 50-51
29.7 Support letter Louise M. Saylor to Letter to the Editor, Wash. Post,
Mar. 17, 1992
142, p. 52
29.8 Support letter W. J. Bryant to Jack Kent Cooke, undated (date stamped
JKC Inc. Feb. 29, 1988)
142, pp. 53-54
29.9 Support letter Ricardo J. Martinez to Jack Kent Cooke, Mar. 21, 1992 142, pp. 55-57
33 Support letter Robert D. Kahn to John Kent Cooke, Nov. 4, 1991 143, p. 8

177

NR
Ex.
Ref. No.
35 Support letter
with photo
Priscilla J. Fritz to Wash. Post letters to the editor, Sept.
2, 1992, with photo Redskin Motel indicating taken in
Aug. 1992 on Cherokee Indian Reservation attached
143, pp. 11-12
36 Support letter
with photo
Michael John Nisos to Jack Kent Cooke, undated (date
stamped JKC Inc. Apr. 28, 1992), with photo indicating
its shows Redskin Indian-named movie theater located
in Andarko, Okla
92, pp. 13-14
51 Support letter Susan Giller to Jack Kent Cooke, May 10, 1993 149, p. 71
N/A Support letter Cooke Dep. Ex. 19: Wilcomb E. Washburn to John Kent
Cooke, Jr., Dec. 24, 1991, with his typescript of
magazine article, attached
156, pp. 94-102
N/A Support letter Cooke Dep. Ex. 25 (part): Robert Camp Littleton, July
11, 1993
157, p. 14
USPTO APPLICATION SERIAL NO. 74311697
N/A Drawing page Cooke Dep. Ex. 21: Date-stamped and assigned
application for the mark REDSKIN REIVEW & design
for use on magazines
157, p. 6
USPTO REGISTRATIONS (LIVE & CANCELLED)
1 Registration
Certificates
Six registrations (indicating renewals) at issue; U.S.
Reg. No. 1,343,442 (SKINS for entertainment services in
the form of professional football games and exhibitions)
(cancelled under 8)
128, pp. 76-83
USPTO REGISTRATIONINDIAN HEAD
56 Registration
Certificate
U.S. Registration 578,797 for INDIAN HEAD &
design, used on corn meal, issued Aug. 18, 1953, 2d
renewal issued Aug. 18, 1993
153, pp. 10-12

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